Canada-U.S. trade talks have broken down, and the federal government has announced retaliatory tariffs expected to take effect on September 8. For employers in affected sectors the developments may raise important operational and workforce planning considerations.
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Ontario Court Allows Retroactive Application of UCCMS to Historic Misconduct
The Ontario Superior Court of Justice has upheld an arbitrator’s decision finding that the UCCMS may, in certain circumstances, be applied retroactively to historical allegations of misconduct. This decision is an important reminder that safe sport obligations may extend to conduct that occurred before the UCCMS came into force.
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).
“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.