Author: Hicks Morley

Court Reaffirms Broad Academic Discretion of Universities

· 2 min read

In Tran v. University of Western Ontario, the Ontario Superior Court recently considered both the ability of an institution to shield itself from civil action on the basis of “academic discretion” and the liability of the individual employees of the institution in exercising such discretion. Justice Dunphy accepted that universities enjoy broad discretion in respect of academic…

Ontario Passes PTSD Bill

· 1 min read

On April 5, 2016, Bill 163, Supporting Ontario’s First Responders Act (Posttraumatic Stress Disorder), 2016, passed Third Reading as amended by the Standing Committee on Social Policy. As previously reported, Bill 163 amends the Workplace Safety and Insurance Act, 1997 to create a rebuttable statutory presumption in favour of granting workers’ compensation benefits to certain…

Federal Privacy Commissioner Weighs In Against Sharing Details of Employee Discipline

· 2 min read

In a recently released decision summary, the Office of the Privacy Commissioner of Canada (OPC) held that a bank acted properly in deciding not to tell the victim of unauthorized access precisely how it had punished its offending employee (Employee). The victim, the complainant in this case, was a neighbour of the Employee who happened…

Appellate Court Finds Restrictive Covenant Not Enforceable Where Party Had No Legitimate/Proprietary Interest to Protect in Territory

· 3 min read

The Ontario Court of Appeal recently found that a restrictive covenant was unreasonable because the respondent, who sought to enforce the covenant, did not have a legitimate or proprietary interest to protect within the territorial scope of the covenant. In MEDIchair LP v. DME Medequip Inc., the Court was asked to decide whether the application judge had erred in finding that the restrictive covenant (provided in the course of a sale of business) was reasonable in scope, having regard to the legitimate or proprietary interest of the respondent.

Ontario Proposes Regulatory Amendments to Prohibit Use of Medical Marijuana Vaporizers in Workplaces

· 1 min read

On March 10, 2016, the Ontario government introduced Bill 178, Smoke-Free Ontario Amendment Act, 2016. If passed, Bill 178 would amend the Smoke Free Ontario Act to provide for prescribed products and substances, in addition to tobacco. Among other things, Bill 178 would prohibit a person from smoking a prescribed product or substance or holding…

New OHSA Noise Protection Regulation Coming Into Force July 1, 2016

· 1 min read

On July 1, 2016, noise protection requirements will be extended to all Ontario workplaces pursuant to O. Reg. 381/15 made under the Occupational Health and Safety Act. The noise protection requirements currently found in the following regulations will be revoked effective July 1, 2016: Regulation 851 – Industrial Establishments (s. 139) (O. Reg. 382/15) Regulation 854…

Arbitrator Dismisses Grievance over Denial of Benefit Reimbursement for Medical Marijuana

· 3 min read

Arbitrator Sheehan recently dismissed a grievance by the Hamilton Professional Fire Fighters’ Association which asserted that the denial of a claim for payment of the grievor’s spouse’s medical marijuana breached the collective agreement. The grievor had submitted a claim to Manulife under the City of Hamilton’s benefit plan, seeking reimbursement for its costs. He had…

Ontario Passes Sexual Violence and Harassment Bill

· 2 min read

On March 8, 2016, the Ontario government passed Bill 132, Sexual Violence and Harassment Action Plan Act (Supporting Survivors and Challenging Sexual Violence and Harassment), 2015, as amended by the Standing Committee on Social Policy. Bill 132 amends various statutes with respect to sexual violence and harassment, domestic violence and other matters. In addition to…