Frank is a senior litigator in Hicks Morley’s Toronto office. He is a strategic counsel for his clients, and has significant courtroom and hearing experience representing clients in complex and high-profile cases.
Industry: Media & Communications
David J. Bannon
David represents employers in a variety of litigation forums. David is certified by the Law Society of Ontario as a Specialist in Labour and Employment Law.
Represented a media company plan administrator before the Ontario Superior Court and the Court of Appeal for Ontario in a precedent-setting case establishing the standard for separation agreement language needed to create a pension plan assignment following a member’s marriage breakdown.
Represented a media company plan administrator before the Ontario Superior Court and the Court of Appeal for Ontario in a precedent-setting case establishing the standard for separation agreement language needed to create a pension plan assignment following a member’s marriage breakdown.
Ontario to Reform Certain Workplace Laws Relating to Construction Labour, Pensions and Workplace Safety and Insurance
On November 18, 2015, the Ontario government introduced Bill 144, the Budget Measures Act, 2015, omnibus legislation that would, if passed and among other things, implement reforms to construction labour relations, workplace safety and insurance indexing and to certain rules governing multi-employer pension asset transfers. The proposed Bill 144 changes include: Amending the construction industry provisions of…
The Ins and Outs of Developing & Administering an Effective Attendance Management Policy
Agenda One of the biggest costs faced by Ontario employers arises from absenteeism; one of the biggest challenges is putting in place an attendance management program which reflects the needs of the individual workplace while at the same time complying with legal obligations. In this fast-paced session, we will discuss several hot button topics that…
Appeal Court Confirms that Employer’s Financial Circumstances Not a Factor in Determining Reasonable Notice
Are an employer’s financial circumstances a relevant consideration in determining the period of reasonable notice to which a wrongfully dismissed employee is entitled? This is the question the Court of Appeal for Ontario was asked to decide in Michela v. St. Thomas of Villanova Catholic School, where the motion judge had reduced damages in lieu of…
Update on Timing of Proposed Changes to Taxation of Stock Options
In remarks accompanying the new federal government’s first fiscal update, on November 20, 2015, Canada’s Minister of Finance provided further guidance on proposed changes to tax rules that would limit the annual deduction from income that employees can claim upon exercising stock options. Significantly, Minister Morneau indicated that any such changes would only apply to…
Appeal Court Decision Underscores Importance of Clear Terms of Hire at Outset
In a recent decision, Holland v. Hostopia.com. Inc., the Court of Appeal for Ontario found that a termination provision in an employment agreement purporting to limit the appellant’s entitlements upon termination of employment to the statutory minimums under the Employment Standards Act, 2000 (“ESA”) was unenforceable due to lack of consideration. The appellant had commenced employment…
Raising the Bar – Eleventh Edition
Dear Friends, As we are heading into the busy holiday season, we wanted to give you, our loyal RTB readers, some reading material for any quiet moments that you might be able to steal before the New Year. We are delighted to bring you this newest edition of RTB. In this edition, we bring you…
Is an Employer Required to Accommodate an Employee’s “Personal Choice” to Breastfeed?
In Flatt v. Canada (Attorney General), a case that has garnered media attention, the Federal Court of Appeal upheld a decision that found an applicant who requested accommodation to breastfeed her child during working hours failed to meet the test for establishing prima facie discrimination. The Court held this request involved the applicant’s “personal choice” – not…