Is ‘At Any Time’ Still Enforceable Post-Dufault? The Ontario Superior Court says “yes” in Li v. Wayfair Canada Inc. In our latest FTR Now, Hicks Morley’s Edward O’Dwyer and Kelly Brennan review the case and provide key takeaways for employers.
Industry: Mining & Natural Resources
Facebook Canada’s Equity Forfeiture Provision Receives a “Like” From an Ontario Court
Employers using equity-based compensation should take note of this recent decision by the Ontario Superior Court in Wigdor v. Facebook Canada Ltd. In this FTR Now, Hicks Morley’s Alex Lemoine provides three key takeaways around termination provisions in employment and compensation agreements.
Ontario Court of Appeal Grants Leave to Appeal Acquittal in Benevides Decision, Opening Door to Expanded Workplace Safety Liability for Incidental Construction Workers
On June 9, 2025 the Ontario Court of Appeal released its decision in Ontario (Labour, Immigration, Training and Skills Development) v. Benevides, granting leave to appeal the provincial offences appeal judge’s decision to the Court of Appeal. Background This case stems from a construction site incident that occurred in April of 2020 where eight spools…
Employers Have a Statutory Duty to Investigate Claims of Harassment and Authority to Discipline Off-Duty Conduct When It Manifests in the Workplace
The Ontario Court of Appeal rules that employers have a statutory duty to investigate claims of harassment and have the authority to discipline off-duty conduct when it manifests in the workplace.
Federal Government Publishes Revised Standard on Accessible Employment under the Accessible Canada Act
On May 29, 2025, Accessibility Standards Canada (ASC) announced its publication of a revised Accessibility Standard on Employment (Standard) under its mandate pursuant to the Accessible Canada Act (Act). The revised Standard, CAN/ASC-1.1:2024 (REV-2025), replaces the original version released in December 2024. Background The Act came into force on July 11, 2019, establishing ASC as…
Ontario Introduces Working for Workers Seven Act, 2025
On May 28, 2025, the Ontario government introduced Bill 30, the Working for Workers Seven Act, 2025 (Bill 30). Bill 30 continues the province’s ongoing “Working for Workers” legislative initiative, proposing significant amendments to various employment-related statutes, including the Employment Standards Act, 2000, Occupational Health and Safety Act, and Workplace Safety and Insurance Act, 1997.
Ontario Court of Appeal Upholds Termination Clause Limiting Employee to ESA Minimums in Bertsch v. Datastealth Inc.
The Ontario Court of Appeal has delivered a significant decision in Bertsch v. Datastealth Inc., wherein the Court confirmed that properly drafted termination clauses can limit employees to only their statutory minimum entitlements under the Employment Standards Act, 2000 (ESA) upon termination.
Alberta Court Permits Disclosure of City’s Workplace Sexual Misconduct Class-Action Settlement, Revealing $9.5 Million Payment to 155 Women
The Court of King’s Bench of Alberta has permitted disclosure of settlement details in a class action lawsuit against the City of Leduc, revealing a payment of over $9.5 million to 155 female employees who experienced workplace sexual misconduct. This case represents both one of the highest compensation per person for workplace sexual misconduct claims…
Ontario’s Human Rights Tribunal Dismisses Discrimination Claim Against Union’s Women-Only Job Posting Under Special Program Provisions in the Code
Employers seeking to initiate equitable hiring strategies may wonder whether such programs are “legal”, given the current political climate in the United States. A recent decision of the Human Rights Tribunal of Ontario contains important reminders.
No Presumption Without Exposure: WSIAT Reverses WSIB Entitlement for Mesothelioma, Finding No Evidence of Asbestos Exposure in Caretaker Role
In a recent decision, the Workplace Safety and Insurance Appeals Tribunal (WSIAT) found that a caretaker’s duties at a large public sector employer did not involve asbestos exposure.