A recent ruling offers new guidance to the reasonableness of mandatory workplace policies. In this article, Andrew Schjerning breaks down a recent British Columbia Court of Appeal decision confirming that employers may reasonably rely on public health authority guidance when implementing mandatory COVID‑19 vaccination policies.
Author: Hicks Morley
Arbitrator Reinstates Steelworker in Safety Sensitive Role Following Termination for Cannabis Use During Lunch Break
When does lunch break cannabis use justify termination—especially in a safety sensitive role? In this article, Matthew Wronko provides an analysis of a recent arbitration award and what this means for employers drafting drug and alcohol and fitness for duty policies
Nova Scotia Court Finds Cross-Canada Termination Clause Unenforceable: A Cautionary Tale for Multi-Jurisdiction Employers
Jurisdiction matters when drafting cross-country contracts. In this article, we examine the Brocklehurst v Micco Companies decision where Micco’s termination clause was found unenforceable under Nova Scotia legislation and explore the broader implications for employers to ensure provisions are precise and effective across Canada.
Important Changes to Ontario’s Occupational Health and Safety Act Take Effect January 1, 2026
New Occupational Health and Safety Act updates take effect January 1, 2026. In this article, we outline the latest requirements impacting construction projects, sanitation records, public sector procurement, and enforcement measures that employers and constructors need to know.
When Last Chance Truly Means Last Chance: Arbitrator Upholds Termination Over Unauthorized Absence
Hicks Morley’s Madeline Lusk examines why an employer’s decision to terminate after an employee breached a last chance agreement was upheld.
Reminder to Employers: Ontario to Increase Minimum Wage Effective October 1, 2025
A reminder to employers that the Ontario government will increase the general minimum wage to $17.60 an hour (from $17.20 an hour) effective October 1, 2025. This minimum wage applies to most employees. The minimum wage for the following groups will also increase on October 1, 2025: This adjustment reflects the 2.4% increase in the Ontario Consumer Price…
Ontario Government Taking Significant Steps to Break Down Interprovincial Barriers for Certified Professionals
On September 1, 2025, the Ontario government announced significant steps to break down interprovincial barriers for certified professionals, effective January 1, 2026. The new “As of Right” framework, a key part of the Protect Ontario through Free Trade within Canada Act, 2025, is designed to streamline the certification process for qualified workers from other provinces…
No Takebacks: Ontario Court Rejects Employee’s Attempt to Rewrite Settlement Terms in Johnstone v. Loblaw
The Ontario Superior Court of Justice has delivered a clear message about the binding nature of settlement agreements in employment disputes, emphasizing that acceptance of settlement terms creates legally binding obligations that cannot be unilaterally modified after the fact.
In Johnstone v. Loblaw, Justice Brownstone enforced a settlement despite the employee’s subsequent attempts to introduce new conditions, stating emphatically that “Buyer’s remorse, a change of heart, or even growing concern about his ability to close his house purchase do not entitle him to renege on a settlement.”
New FIPPA Privacy Requirements Take Effect for Ontario Public Sector Institutions
Schedule 2 of the Strengthening Cyber Security and Building Trust in the Public Sector Act, 2024 (Bill 194), came into effect on July 1, 2025. The legislation introduced significant amendments to the Freedom of Information and Protection of Privacy Act (FIPPA) including enhanced compliance obligations.
Live-Saving Defibrillator Device Required on Construction Projects in 2026
A recent amendment to the Construction Projects Regulation under the Occupational Health and Safety Act (Act) requires that construction projects install and maintain an Automated External Defibrillator, and the necessary accessories to use the machine. A defibrillator, or “AED,” is a life-saving device which can be used to treat sudden cardiac arrest. While training is…