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…
Category: Employment Law
Ontario Government Introduces Municipal Accountability Act, 2025
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
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
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.
Dismissal of Healthcare Worker for Failure to Disclose COVID-19 Exposure to Spouse/Co-Worker Not Discriminatory
A recent decision provides clarification on the distinction between legitimate workplace policy enforcement and discriminatory conduct. In this #CIP, Hicks Morley’s Gabrielle Lemoine shares details of the case and what it means for employers and HR professionals.
Federal Court of Appeal Upholds Mandatory Nuclear Industry Alcohol and Drug Testing Requirements for Workers in “Safety-Critical” Positions
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,…
Holiday Party Best Practices: A Guide for Employers
The holiday season is a time for people to come together and celebrate. For many of us, this may include workplace parties. With seasonal festivities and holidays just around the corner, it’s that time of year again to consider the proactive steps employers can take to ensure the health and safety of employees who attend…
Employee’s $76,000 Claim for Vested Stock Units Barred by Wrongful Dismissal Settlement and Release
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…
Digital Platform Workers’ Rights Act, 2022 in Force July 1, 2025
The Digital Platform Workers’ Rights Act, 2022 (Act) was enacted in April 2022 under the Working For Workers Act, 2022, but was not declared in force at that time. On September 5, 2024, the Ontario government proclaimed the Act, and its associated Regulation will come into force on July 1, 2025. The Act establishes minimum wage and other…
Ontario Court Approves Modest $62,000 Settlement in Employee Misclassification Class Action
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…