When the Deal Breaks: Lessons from the Canada-U.S. Trade Talks 

This article considers recent Canada-U.S. trade developments through a collective bargaining lens, highlighting practical lessons for employers on deadline pressure, walkaways, credible alternatives and preserving bargaining relationships.

Employer Conduct, Frustrated Contracts, and the Limits of Benefit Deductibility

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.

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).

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.