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).
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“At Any Time” and “For Any Reason” Termination Clauses Survive: OCA Clarifies Rules for Interpreting Employment Contracts
The Ontario Court of Appeal has issued a significant decision that brings much-needed clarity to the interpretation of employment contracts and the enforceability of termination provisions under the Employment Standards Act, 2000.
Game, Set, Compensable: When Workplace Pickleball Becomes a Competitive Sport
The Alberta Appeals Commission ruled that a worker’s arm injury, sustained while playing pickleball during employer-authorized group exercise, was compensable under Workers’ Compensation Board Policy 02-01.
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.
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.
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.
Ontario Court of Appeal Confirms No Charter Right to Deceptive Workplace Access
In Animal Justice v. Ontario (Attorney General), 2026 ONCA 380, the Court of Appeal for Ontario unanimously reversed the lower court and upheld the constitutionality of the Security from Trespass and Protecting Food Safety Act, 2020 (Act) and its regulation, General, O. Reg. 701/20 (Regulation).
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 Court of Appeal Reaffirms the Limits of Justiciability in Dorceus v. Ontario
In Dorceus v. Ontario, the Ontario Court of Appeal confirmed that courts are not the place for sweeping political or scientific debates disconnected from viable legal claims. The decision is a useful reminder that civil claims must be grounded in material facts, that unmeritorious claims can be struck early, and that certain workplace-related disputes must proceed through the specialized forums with exclusive jurisdiction. Hicks Morley’s Shauna Bartlett reviews the decision and what it means for future claims.
Bill C-31 Introduces Federal Ban on Non-Compete Clauses and Other Employment-Related Restrictions
Bill C-31 would introduce a significant shift for federally regulated employers by proposing a broad prohibition on non-compete clauses and other employment-related restrictions, subject to narrow exemptions.
In this article, we review the proposed framework, key exemptions, transitional timing, and practical steps employers should consider now.