On July 23, 2024, the Ontario Superior Court of Justice released its decision in Arora v ICICI Bank of Canada, a wrongful dismissal claim filed by a former employee of ICICI Bank of Canada (Bank) terminated for cause. The Court dismissed the case, finding that the plaintiff’s conduct breached his duties of loyalty and good…
Insights
Hicks Morley publishes a number of materials, both electronic and print, on issue-specific and sector-specific topics of interest to our clients. Our insights section has links to all of our various publications, updates and blogs, both current and historical, to keep you informed of developments in the law that impact human resources.
341 Results
Case In Point
In Marshall v Mercantile Exchange Corporation, the Ontario Superior Court of Justice granted an employer’s motion for a defence medical examination of a former employee who claimed an inability to mitigate their damages due to a mental health condition. This decision makes clear that in appropriate cases, a defendant in a wrongful dismissal lawsuit will…
School Board Update
On June 21, 2024, the Supreme Court of Canada rendered its decision in York Region District School Board v. Elementary Teachers’ Federation of Ontario. The decision establishes that Ontario school boards are “government”—and thus subject to the Canadian Charter of Rights and Freedoms (Charter)—and provides guidance on how alleged breaches of an employee’s Charter-based right…
Common Ground? Class Action Updates
In Morris v. Solar Brokers Canada Corp., the Ontario Superior Court of Justice approved a negotiated settlement of $62,000 in a class action arising from the alleged misclassification of individuals as independent contractors. The Court also approved class counsel fees in the amount of $20,000, leaving $42,000 to be distributed amongst the class. As a…
Case In Point
The Ontario Superior Court of Justice has granted an interlocutory injunction to end an encampment on the University of Toronto’s Front Campus. The Court found that the University’s Governing Council, as the property owner, has the ultimate right to determine the land’s use. In obiter, the Court also reiterated that the Charter does not apply…
Raising the Bar
In light of the increasing use of Artificial Intelligence (AI) in the legal profession, the Federal Court has issued an updated notice regarding the use of AI in Court proceedings (Notice). The Notice implements procedural safeguards for the use of AI in legal proceedings and imposes certain duties on counsel with respect to AI use….
Common Ground? Class Action Updates
In Wasylyk v. Lyft, the Ontario Superior Court of Justice issued a stay of a proposed employee misclassification class action in favour of private arbitration. The case provides an illustration of the factors that may support the enforceability of an arbitration clause in disputes related to the Employment Standards Act, 2000 (ESA). The plaintiff filed…
Common Ground? Class Action Updates
In Welshman v. Central Regional Health Authority, the Supreme Court of Newfoundland and Labrador (Court) certified a class action in which the plaintiffs alleged that employees of the defendant, the Central Regional Health Authority, improperly accessed the private personal and medical information of 260 individuals outside of the scope of their employment. The Court’s decision…
Common Ground? Class Action Updates
In Curtis v. Medcan Health Management Inc., Justice Perell of the Ontario Superior Court reined in the scope of the plaintiffs’ proposed discovery plan and constrained the scope of the certified common issues in an ongoing employment class action. This class action relates to an allegation of unpaid vacation and public holiday pay. As we…
Common Ground? Class Action Updates
Class action proceedings often end in negotiated settlements. Those settlements (which must be approved by a court) can be significant in monetary terms. In Manuge v. Canada, the Federal Court recently approved the settlement of a class action arising from the alleged miscalculation and underpayment of disability pension benefits for members and veterans of the…