New Year – New Standard of Review

Just prior to the end of 2019, the Supreme Court of Canada established a new framework that is designed to guide lower courts on applying the standard of review in judicial review applications. The Court’s long-awaited “trilogy” of cases in Canada (Minister of Citizenship and Immigration) v. Vavilov and the two companion appeals heard together in Bell Canada v. Canada (Attorney General) represents an express departure and evolution from the framework that the Court set out in the case of Dunsmuir decided over a decade ago.

OMHRA Winter 2020 ECHO Newsletter Features Articles Authored by Hicks Morley Lawyers

The Winter 2020 issue of OMHRA’s ECHO newsletter features two articles authored by Hicks Morley lawyers. In the article “The Human Rights Tribunal of Ontario Highlights the Requirement for Co-operation in the Accommodation Process,” Amanda Cohen and Jessica Toldo discuss a recent decision of the Ontario Human Rights Tribunal that provides support for the proposition that there may be recourse to termination where an employee refuses to co-operate in providing medical documentation…

Changes Are Coming to the Justice System in Ontario

On December 9, 2019, the Ontario government tabled Bill 161, Smarter and Stronger Justice Act, 2019, omnibus legislation that, if passed, would enact significant changes to the justice system through amendments to numerous statutes. Set out below is a brief summary of the notable changes to the Class Proceedings Act, 1992, the Courts of Justice…

WSIB Schedule 1 Regulation Filed Further to New Rate Framework

In anticipation of the Workplace Safety and Insurance Board’s new Rate Framework implementation date of January 1, 2020, the Ontario government filed Ontario Regulation 417/19 which amends O. Reg. 175/98 (General Regulation) made under the Workplace Safety and Insurance Act, 1997. O. Reg. 417/19 revokes and replaces Schedule 1 of the General Regulation, to reflect…

Sexual Harassment Incident Response Workshop

Your new hire is alleging that she was sexually harassed by the VP Sales Canada at an industry event – and before you can investigate, the incident goes viral. You know how to run an investigation, but how will you manage everything else about the incident? And what happens when things go off the rails?

Ontario Amends Sign Requirements under the Smoke-Free Ontario Act, 2017

On December 13, 2019, the Ontario government filed Ontario Regulation 430/19 (Regulation) which amends Ontario Regulation 268/18 (General) made under the Smoke-Free Ontario Act, 2017 with respect to the sign requirements for employers and proprietors. The Regulation comes into force on January 1, 2020. As we previously reported, pursuant to Ontario Regulation 268/18, employers and…

FTR Quarterly – Issue 15

In This Issue: Protection in the Face of Employee Fraud, Key Human Resources Decisions in in 2019 and Cases to Monitor in 2020 and more!

Action for Constructive Dismissal as a Result of Workplace Harassment Statute-Barred by WSIA

The Workplace Safety and Insurance Appeals Tribunal (WSIAT) has held that a civil action for constructive dismissal based on alleged workplace harassment and bullying was statute-barred under the Workplace Safety and Insurance Act, 1997 (WSIA) and could not proceed.