Multijurisdictional employers should note the potential for Ontario proceedings to take place in Ontario when employees perform work in Ontario.
Author: Hicks Morley
Cleaner Reinstated Following Threat to Kill Supervisor
In Servantage Services Corporation v Unifor Local 3000, Arbitrator Rogers reinstated a cleaner dismissed for making a death threat, emphasizing the importance of proportionality and rehabilitative potential in disciplinary decisions.
Unwritten Practices, Selective Discipline, and the Cost of Bad Faith
Wilsher v. Olympic Wholesale highlights the risks for employers of relying on unwritten practices, enforcing workplace rules inconsistently, and engaging in bad faith conduct during the dismissal process.
Ontario Superior Court Awards Damages for Equity Incentive Compensation Vesting After Notice Period
In Khatib v. GoEasy Ltd, 2026 ONSC 3513, the SCJ (Ont.) awarded a terminated executive damages on a pro rata basis, in respect of equity awards that would not have vested within the reasonable notice period.
Federal Replacement Worker Ban: First Reported Decision on the Merits
The Canada Industrial Relations Board has issued its first merits decision under the federal replacement worker ban, confirming that a violation depends on whether the individuals fall within the statutory prohibitions. In reviewing CUPE Local 4317 v. Montreal Gateway Terminals Partnership, Hicks Morley’s Simon Mortimer highlights the Board’s strict, provision-based approach under the updated framework.
Separate Agreements, Separate Forums: When Equity Disputes Escape the Employment Arbitration Clause
How employment and equity arrangements are structured and interpreted remains a focus for Ontario courts. Hicks Morley’s Avleen Banwait examines a key distinction for employers to consider when drafting relevant provisions: equity-based claims may fall outside the scope of an employment arbitration clause where separate agreements and forums are at play.
New Public Sector Cybersecurity Governance & Student Digital Information Transparency Obligations in Force July 1
Ontario’s public sector is expanding cyber and digital obligations for public sector organizations on July 1. Scott Williams highlights two new regulations under the Enhancing Digital Security and Trust Act, 2024 that introduce mandatory cybersecurity governance requirements and new transparency obligations for school boards.
Ontario Launches Canada’s First Occupational Exposure Registry Self-Tracker
Ontario has launched Canada’s first Occupational Exposure Registry. This timely analysis from Nadine Zacks helps employers understand the registry’s scope, purpose, and limits within Ontario’s existing health and safety framework.
Divisional Court Reinforces Tradition of Judicial Deference to Ontario’s Labour Relations Board
Judicial deference to the OLRB remains firmly intact, especially in construction labour relations. In this article, Thomas Trudell reviews a recent Divisional Court decision affirming the OLRB’s authority in construction work assignment disputes and its long‑standing approach to jurisdictional issues.
“No News” May Not Mean “No New Employment”: Settlement Drafting Lessons From Cross v. Cooling Tower Maintenance Inc.
When it comes to settlement agreements, precision is non-negotiable. In this article, Justin Jalea explores the recent Cross v. Cooling Tower maintenance Inc. decision and provides important reminders for employers drafting settlement agreements involving salary continuance and clawback provisions.