Category: Employment Law

Ontario Court of Appeal Grants Leave to Appeal Acquittal in Benevides Decision, Opening Door to Expanded Workplace Safety Liability for Incidental Construction Workers

· 5 min read

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…

Ontario Government Introduces Municipal Accountability Act, 2025

· 4 min read

On May 01, 2025, the Ontario government announced Bill 9, the Municipal Accountability Act, 2025 (Bill 9). Bill 9 re-introduces legislation originally proposed under Bill 241, the Municipal Accountability Act, 2024, that was not enacted prior to the provincial election. If passed, Bill 9 would enable the creation of a new, standardized municipal code of…

Supervisor Found Criminally Negligent and Sentenced to Five Years in Prison Following a Vehicle Collision Resulting in Driver’s Death

· 3 min read

A recent decision serves as a reminder that supervisors’ actions—and inactions—regarding workplace safety are subject not only to the OHSA but also to the Criminal Code. In this Case in Point, Hicks Morley’s Artimes Ghahremani shares the Court’s analysis and key takeaways for supervisors.

B.C. Supreme Court Imposes Costs on Workers’ Compensation Appeal Tribunal for Procedural Fairness Breaches, Deviating from the “Traditional Immunity” Enjoyed by Decision-Makers

· 5 min read

A recent ruling underscores the importance of procedural fairness in administrative tribunal proceedings, especially when dealing with vulnerable applicants. In this Case in Point, Mariana Kamenetsky reviews the case, the court’s analysis and the decision.

Federal Court of Appeal Upholds Mandatory Nuclear Industry Alcohol and Drug Testing Requirements for Workers in “Safety-Critical” Positions

· 4 min read

In a significant ruling for employers in safety-sensitive industries, the Federal Court of Appeal has upheld the constitutional validity of mandatory pre-placement and random alcohol and drug testing requirements for safety-critical positions at Class I nuclear facilities. The decision in Power Workers’ Union et al v Attorney General of Canada, Ontario Power Generation, Bruce Power,…

Employee’s $76,000 Claim for Vested Stock Units Barred by Wrongful Dismissal Settlement and Release

· 5 min read

Settlement agreements require careful attention to both present and future entitlements, as highlighted by the Ontario Court of Appeal’s recent decision in Preston v. Cervus Equipment Corporation. The Court held that the scope of an executed release, indemnity and minutes of settlement (the Settlement Documents) precluded an employee’s subsequent claim to vested stock units, despite…

Ontario Court Approves Modest $62,000 Settlement in Employee Misclassification Class Action

· 3 min read

In Morris v. Solar Brokers Canada Corp., the Ontario Superior Court of Justice approved a negotiated settlement of $62,000 in a class action arising from the alleged misclassification of individuals as independent contractors. The Court also approved class counsel fees in the amount of $20,000, leaving $42,000 to be distributed amongst the class. As a…