The Supreme Court of Canada recently considered an employer’s duty to accommodate under Québec’s workers’ compensation legislation, the Act Respecting Industrial Accidents and Occupational Diseases (Act). In Quebec (Commission des normes, de l’équité, de la santé et de la sécurité du travail) v. Caron, the Commission de la santé et de la sécurité du travail…
Industry: Construction
Securities Act Amendments Allow Employees to Bring a Civil Action for Reprisal Against Whistleblowing
Recent amendments to the Ontario Securities Act (Act) now permit an employee to commence a civil action in court for reprisal against whistleblowing. Section 121.5 of the Act imposes new potential liability for employers. It states: 121.5 (1) No person or company, or person acting on behalf of a person or company, shall take a…
Appellate Court Upholds Criminal Conviction of Project Manager for Deaths/Injury Resulting from Swing Stage Collapse
In R. v. Kazenelson, the Ontario Court of Appeal recently upheld the conviction and the sentence imposed on a project manager who had been found guilty under the Criminal Code for criminal negligence causing death and criminal negligence causing bodily harm, arising from the collapse of a swing stage in 2009. The appellant project manager…
David S. Alli
As an experienced advocate, David has successfully represented clients in appellate proceedings, wrongful dismissal litigation, human rights applications, Ministry of Labour complaints and labour grievances. He also provides daily advice to clients to assist with legal compliance and strategy.
Jessica M. Toldo
Jessica advises employers on a wide range of labour and employment matters. This includes labour disputes, grievance arbitrations, human rights and accommodation.
Expert Guides Best of the Best 2017 Recognizes Two Hicks Morley Lawyers
Best of the Best, the international legal market’s leading guide to the top legal practitioners, has recognized two Hicks Morley lawyers in its Expert Guides 2017 directory for the practice area of Labour and Employment law. Congratulations to Stephen Shamie and John Brooks on this recognition!
Mariana Kamenetsky
Mariana provides advice to federally and provincially regulated employers on all aspects of workers’ compensation claims and appeals, such as initial entitlement, accommodation and related human rights and arbitration proceedings.
An Update on “Minimum Standards Only” Termination Clauses
The Ontario Superior Court has issued several decisions over the past few years which have found “minimum standards only” termination provisions in employment contracts to be unenforceable. Thus, employers are in the unexpected position of being liable for reasonable notice at common law…
New Definition of “Spouse” in Ontario to Affect Plan Administration, Insurance & Succession Rules
Pending legislative changes to the definition of “spouse” in Ontario are set to impact pension plan administration and insurance claims in Ontario, further to amendments recently enacted by Bill 28, All Families Are Equal Act (Parentage and Related Registrations Statute Law Amendment), 2016…
Ten Incident Response Tips – Part 2
In Part 1 of this two-part series on data security incident response, we identified five “norms” to guide your incident response process…