Industry: Government Ministries & Agencies (Federal)

Federal Court Dismisses $2.5 Billion Class Action Alleging Systemic Anti-Black Racism in Federal Public Service Hiring Decisions and Promotional Opportunities

· 4 min read

The Federal Court of Canada determined a class action that sought to address alleged systemic anti-Black racism and discrimination simply did not meet the procedural criteria to certify the action as a class proceeding. In this Common Ground, Hicks Morley’s Sean Reginio and Eleanor Vaughan examine the Court’s analysis.

Highlights from the Federal Government’s 2024 Fall Economic Statement

· 4 min read

On December 16, 2024, the federal government issued its 2024 Fall Economic Statement. The Statement covers a wide array of initiatives including several proposals that, if they were to be implemented, will be of interest to employers, human resources professionals and pension plan administrators. Early Retirement Benefits in the Public Service The government has proposed…

Federal Government Publishes Technical Amendments to the Income Tax Regulations Impacting Pension Plans and Employee Stock Option Plans

· 3 min read

On December 4, 2024, the federal government published technical amendments to the Income Tax Regulations in the Canada Gazette. These technical amendments will implement measures that were initially released for public consultation in August 2022 and August 2023, and many will be retroactively coming into force as of their respective date of announcement (or earlier)….

Employee’s $76,000 Claim for Vested Stock Units Barred by Wrongful Dismissal Settlement and Release

· 5 min read

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…

Human Rights Tribunal Confirms Statutory Review of Benefit Decision Does Not Constitute New Act of Discrimination

· 4 min read

In the recent decision Yu v. Workplace Safety and Insurance Board, the Human Rights Tribunal of Ontario (Tribunal) provided important clarification on the distinction between continuing discriminatory acts and the ongoing effects of past discrimination. The decision offers valuable guidance for employers and administrative bodies on when subsequent reviews of past decisions can constitute fresh…

Ontario Court Upholds Termination Clause Excluding Employee’s Common Law Entitlements, Ends Employee’s Lawsuit Against Former Employer

· 2 min read

In the recent decision of Bertsch v. Datastealth Inc., the Ontario Superior Court of Justice upheld the enforceability of a termination clause in an employment agreement that limited the plaintiff’s entitlement to only the minimum standards under the Employment Standards Act, 2000 (ESA). The Court held the clause was valid and enforceable and consequently dismissed…

Request for Volunteer to Remove Rainbow Sticker from Name Badge Not Discriminatory, Says Human Rights Tribunal of Ontario

· 3 min read

In an important decision for employers, the Human Rights Tribunal of Ontario (Tribunal) confirmed that distinction does not necessarily amount to discrimination. In Zanette v. Ottawa Chamber Music Society, the Tribunal held that the Ottawa Chamber Music Society’s request that a volunteer usher (Zanette) remove a rainbow sticker from his name badge did not constitute…

Ryan Markesic

Ryan Markesic is a labour and employment lawyer practising out of Hicks Morley’s Toronto office in all areas of workplace law and in civil litigation. Ryan has assisted in arbitrations, tribunals and matters before all levels of courts including the Federal Court and Federal Court of Appeal. He has a particular interest and experience in advising and representing colleges and universities on a variety of issues.