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…
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Hicks Morley’s Stephen Shamie was quoted by Lexpert US/Canada Cross-Border Guide in the June 14, 2019 article titled, “Cannabis in the Workplace.” The article examines employee rights and employer obligations post cannabis legalization.
Hicks Morley’s Ryan Plener authored an article in the Employment and Labour Law Reporter titled “Appellate Court Finds Waiver of Common Law Notice Valid, Considers Continuity of Service under ESA.”
In the article “Appellate Court Considers Sale of Business and Duty to Mitigate,” Sarah reviews a recent decision by the Ontario Court of Appeal where it found that two employees did not fail to mitigate their damages when they refused offers of employment from the purchaser of a former employer, as the employment that was offered was not “comparable.”
The Summer 2019 issue of OMHRA’s ECHO newsletter features two articles authored by Hicks Morley lawyers. In the article “Advanced Planning Required by Municipalities to Respond to New Changes to OMERS,” Jordan Fremont, Natasha Monkman and Sukhvinder Dulay discuss how Ontario Municipal Employees’ Retirement System participating employers will need to plan in advance to respond to the changes that will be made effective on January 1, 2021…
Hicks Morley’s Edward O’Dwyer authored an article in the Employment and Labour Law Reporter titled “Appellate Court Upholds Termination for Frustration, Duty to Accommodate Not Triggered.” This article discusses the recent decision of the on Katz et al. v. Clarke, 2019 ONSC 2188, by the Ontario Divisional Court, where the Court set aside an order of a motion judge, granted the defendant’s summary judgment motion and dismissed the plaintiff’s action.
LexisNexis Canada’s The Lawyer’s Daily published an article authored by Hicks Morley’s Sukhvinder Dulay titled, “Benefits Plans and Medical Cannabis — to Cover or not to Cover.” In this article, Sukhvinder reviews whether the current health and benefits plans provide reimbursement for cannabis products used for therapeutic or medical purposes.
Hicks Morley’s Andrew Zabrovsky was quoted by the Law Times in the May 30, 2019 article titled, “Labour Arbitrators Leading in Opioid Addiction Law.”
LexisNexis Canada’s The Lawyer’s Daily published an article authored by Hicks Morley’s Amanda Lawrence-Patel titled, “Law Around Service Animals.” “The recent increase in media reports regarding requests by individuals to access their service animals, or “therapy pets” or “compassion pets” in the course of their employment and in accessing services has caused various organizations to consider…
It is with great sadness that we announce the passing of our partner John C. Kloosterman on May 28, 2019 in a motorcycle accident in California. We are all shocked by this news and our thoughts and prayers go to his spouse Jamie and the family.