In Hedrick v. Johnston Meier Insurance Agencies Ltd., Justice Bennett of the Supreme Court of British Columbia addressed two issues that will be of interest to employers: when an employer may rely on frustration of contract, and when statutory benefit payments may be deducted from wrongful dismissal damages.
Category: Employment Law
Ontario Court of Appeal Case is a Warning to Employers to Review Their Incentive Plans
The decision has significant implications for employers that provide equity awards or other incentive plans. Employers should review their plans and award documents before the same drafting issue produces a similarly significant claim.
Arbitrator Strikes Down TTC’s Random Drug and Alcohol Testing Program
A significant decision concerning workplace drug and alcohol testing, has found that the Toronto Transit Commission’s (TTC) random drug and alcohol testing program was unreasonable, contrary to the collective agreement and inconsistent with employees’ rights under section 8 of the Canadian Charter of Rights and Freedoms (Charter).
FIFA World Cup 2026™ – Labour and Employment Development Roundup
Two World Cup-related decisions offer practical reminders for employers: major sporting events may influence disputes, but they do not change the legal tests that apply.
BC Court of Appeal Upholds Fixed-Term Employment Commitment in Business Acquisition
BCCA decision confirms agreements arising from single transaction will be read harmoniously to give effect to parties’ overall bargain.
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.
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.
Canada Tables Bill C-36, the Protecting Privacy and Consumer Data Act
In our latest FTR Now Hicks Morley’s Victoria McCorkindale outlines significant changes for private sector organizations proposed in Bill C-36, the Protecting Privacy and Consumer Data Act.
Past Conduct, Present Cause: Ontario Court Upholds After-Acquired Cause in Birnbaum v. Dr. Chan
What happens when an employer discovers serious misconduct only after terminating an employee without cause? In Birnbaum v. Dr. Chan, the Ontario Superior Court confirmed that employees are not insulated from the consequences of serious misconduct committed before termination simply because it was discovered afterwards.
Ontario’s Municipal Accountability Act, 2025 Receives Royal Assent
Recent legislative developments have introduced key changes to municipal accountability in Ontario. Stephanie Jeronimo outlines what Ontario’s Municipal Accountability Act, 2025 means for municipalities, including new conduct standards, oversight and enforcement measures.