Multijurisdictional employers should note the potential for Ontario proceedings to take place in Ontario when employees perform work in Ontario.
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.
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Case In Point
Ontario (Ministry of Labour, Immigration, Training and Skills Development) v. Greater Sudbury (City) is significant for employers navigating due diligence under OHSA. It affirms that due diligence is not a standard of perfection but a fact-driven inquiry measured against what was genuinely within the accused’s control.
Case In Point
In Hedrick v. Johnston Meier Insurance Agencies Ltd., Justice Bennett of the Supreme Court of British Columbia addressed two issues that will be of interest to employers: when an employer may rely on frustration of contract, and when statutory benefit payments may be deducted from wrongful dismissal damages.
Case In Point
In Servantage Services Corporation v Unifor Local 3000, Arbitrator Rogers reinstated a cleaner dismissed for making a death threat, emphasizing the importance of proportionality and rehabilitative potential in disciplinary decisions.
Case In Point
The Alberta Appeals Commission ruled that a worker’s arm injury, sustained while playing pickleball during employer-authorized group exercise, was compensable under Workers’ Compensation Board Policy 02-01.
Case In Point
BCCA decision confirms agreements arising from single transaction will be read harmoniously to give effect to parties’ overall bargain.
Case In Point
Wilsher v. Olympic Wholesale highlights the risks for employers of relying on unwritten practices, enforcing workplace rules inconsistently, and engaging in bad faith conduct during the dismissal process.
Case In Point
In Khatib v. GoEasy Ltd, 2026 ONSC 3513, the SCJ (Ont.) awarded a terminated executive damages on a pro rata basis, in respect of equity awards that would not have vested within the reasonable notice period.
Case In Point
The Canada Industrial Relations Board has issued its first merits decision under the federal replacement worker ban, confirming that a violation depends on whether the individuals fall within the statutory prohibitions. In reviewing CUPE Local 4317 v. Montreal Gateway Terminals Partnership, Hicks Morley’s Simon Mortimer highlights the Board’s strict, provision-based approach under the updated framework.
Case In Point
How employment and equity arrangements are structured and interpreted remains a focus for Ontario courts. Hicks Morley’s Avleen Banwait examines a key distinction for employers to consider when drafting relevant provisions: equity-based claims may fall outside the scope of an employment arbitration clause where separate agreements and forums are at play.