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…
Author: Hicks Morley
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 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…
Arbitrator Upholds For-Cause Termination of Tenured University Professor for Sexual Harassment of Graduate Student
In a significant decision for post-secondary institutions, Arbitrator Leslie Reaume has upheld the for-cause termination of a tenured university professor at Brock University for the sexual harassment of a graduate student. The ruling sends a clear message that the power imbalance in supervisory relationships is not an invitation for inappropriate conduct. Sexually charged and personally…
Ontario Court of Appeal Grants Leave to Appeal Acquittal in Benevides Decision, Opening Door to Expanded Workplace Safety Liability for Incidental Construction Workers
On June 9, 2025 the Ontario Court of Appeal released its decision in Ontario (Labour, Immigration, Training and Skills Development) v. Benevides, granting leave to appeal the provincial offences appeal judge’s decision to the Court of Appeal. Background This case stems from a construction site incident that occurred in April of 2020 where eight spools…
Federal Government Publishes Revised Standard on Accessible Employment under the Accessible Canada Act
On May 29, 2025, Accessibility Standards Canada (ASC) announced its publication of a revised Accessibility Standard on Employment (Standard) under its mandate pursuant to the Accessible Canada Act (Act). The revised Standard, CAN/ASC-1.1:2024 (REV-2025), replaces the original version released in December 2024. Background The Act came into force on July 11, 2019, establishing ASC as…
Employers Take Note: Human Rights Tribunal of Ontario Launches Mandatory Mediation Process Effective June 1, 2025
The Human Rights Tribunal of Ontario (HRTO) will implement a significant procedural change that will impact how human rights disputes are resolved in the province. The HRTO has announced the launch of a mandatory mediation process for all applications filed on or after June 1, 2025. Applications filed with the HRTO prior to June 1,…
Employers Take Note: WSIB Suspends Appeals and Extends Time Limits as Over 3,600 Unionized Workers Begin Rolling Strikes
The Workplace Safety and Insurance Board (WSIB) has suspended its appeals processes and extended objection time limits as over 3,600 unionized workers commenced rolling strikes on May 22, 2025, following failed contract negotiations with the Ontario Compensation Employees Union (OCEU). The labour disruption has prompted significant operational changes affecting workplace parties seeking to challenge WSIB…
Ontario’s Human Rights Tribunal Dismisses Discrimination Claim Against Union’s Women-Only Job Posting Under Special Program Provisions in the Code
Employers seeking to initiate equitable hiring strategies may wonder whether such programs are “legal”, given the current political climate in the United States. A recent decision of the Human Rights Tribunal of Ontario contains important reminders.