In This Issue: The Gig Economy: Opportunities and Risk, AI In the Workforce and more!
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Privacy
In the digital age, privacy litigation is one of the most dynamic areas of law. The law is evolving quickly, drawing on concepts developed before privacy regulators and in criminal cases. Matters are often litigated in a technical context, requiring an understanding of information systems and complex new and emerging technologies. Moreover, the “open courts” principle can conflict with the need to keep information secret and complicate litigation.
Pension, Benefits & Executive Compensation
It’s not just about the money. Increasingly, executive compensation packages feature complex designs that incorporate pension benefits along with ever more creative bonus plans, and stock and equity options. Defending organizations against employee claims for entitlement to these benefits requires a multi-disciplinary approach to litigation that incorporates pension law, employment law and tax law expertise – and Hicks Morley delivers.
Judicial Review and Appeals
In litigation, the battle isn’t always over after the first decision. Protecting your interests throughout subsequent judicial review and appeals processes requires expertise, experience and skilled advocacy.
Successfully Represented an intervenor at the Supreme Court of Canada in the leading workplace privacy case – R v Cole
Appellate Court Considers Contractual Rights Upon Termination
The Court of Appeal recently considered the issue of an employee’s contractual rights versus his common law rights upon the termination of his employment. In Mikelsteins v. Morrison Hershfield Limited, the defendant employer appealed a partial summary judgment that had awarded the plaintiff, a former employee, an increased value for shares that had been bought…
Injunctions
When it comes to obtaining injunctive relief – to preserve assets pending trial, seize evidence or restrain picketing – time is of the essence. Any delay in bringing (or responding to) an injunction can adversely affect a party’s rights. Injunctions are fast-paced litigation requiring expertise, skilled advocacy and a nimble team of experienced lawyers.
Class Actions
With plaintiff counsel continuing to push the envelope in seeking to establish new claims that meet the “commonality” threshold, the risk of potential damages – and costly litigation – has never been greater.
MOL Announces Safety Blitz Targeted at Summer Students
The Ministry of Labour has announced that it will be conducting safety blitzes focused on summer students with targeted inspections of the retail, restaurant, food, beverage, hospitality and recreational services industries. The blitz will continue until the end of August 2019.
Benefits Canada Publishes an Article by Thomas Agnew on Constructive Dismissal and the Duty to Mitigate Damages
Hicks Morley’s Thomas Agnew authored an article in Benefits Canada titled “Constructive Dismissal and the Corresponding Duty to Mitigate Damages.” In a recent case, the Ontario Superior Court found an employee failed to mitigate damages when he refused a return-to-work offer from his employer, with whom he had a good working relationship. This case serves as an important…