Mere compliance with OHSA order not a mitigating sentencing factor, says Ontario Court of Appeal

Flex-N-Gate, an automobile parts manufacturer, was charged under the Occupational Health and Safety Act (“OHSA”) after a worker badly injured her foot while unbundling 5200 bounds of metal sheets. At the time of the accident the injured worker was following company procedure. A Ministry of Labour (“MOL”) inspector investigated the accident and issued two orders…

Supreme Court Weighs in on Summary Judgment

Yesterday, the Supreme Court of Canada rendered two companion decisions in which it clarified the scope and process of summary judgment motions. In the unanimous decision, the Supreme Court provides some much needed guidance to the legal profession on the proper use of summary judgment motions in what the Supreme Court recognizes is a changing…

Stephen Shamie Quoted in Canadian Lawyer Magazine

Hicks Morley’s Stephen Shamie was quoted in the January 13, 2014 edition of Canadian Lawyer magazine in an article entitled, “Shifting sands.” The article discusses the demanding economic climate that labour and employment firms are facing in light of recent government pronouncements. Complimenting the article, Hicks Morley is listed as one of Canadian Lawyer’s top 10…

Stephen Shamie Named in 2014 Lexpert®/American Lawyer Guide

Hicks Morley is pleased to announce that Stephen Shamie has once again been recognized as one of the country’s top practitioners in the 2014 Lexpert®/American Lawyer Guide to the Leading 500 Lawyers in Canada. He is featured in the prestigious guide based on peer recommendations for his distinguished expertise in Labour Law.

Supreme Court of Canada Speaks on the Deductibility of Income Replacement Benefits from Wrongful Dismissal Damages

The Supreme Court of Canada has provided some much needed clarity to the issue of the deductibility of income replacement benefits from wrongful dismissal damages in its long-awaited decision, IBM Canada Ltd. v. Waterman (“Waterman“). Justice Cromwell, writing for the majority of the Court, dealt with the deductibility of pension benefit payments in particular. Ultimately,…

Federal Government Amends Temporary Foreign Worker Regulations

Further to the federal government’s Budget 2013 commitment, regulatory amendments under the Immigration and Refugee Protection Act were published on January 1, 2014. The Regulations Amending the Immigration and Refugee Protection Regulations (“Regulations”) implement a new compliance verification and enforcement regime, including enhanced Citizenship and Immigration Canada (“CIC”) and Employment and Social Development Canada (“ESDC,”…

HRSDC Renamed Department of Employment and Social Development Canada (ESDC)

The Department of Human Resources and Skills Development Canada (commonly known as “HRSDC”) has been rebranded as the Department of Employment and Social Development Canada (“ESDC”). As previously reported, this change was implemented by the coming into force of Bill C-4, the Economic Action Plan 2013 Act, No. 2.

Federal Government Implements Pension Funding Relief Regulations (Air Canada)

On January 1, 2014, the federal government published regulations extending the temporary funding relief provided to Air Canada under the Air Canada Pension Plan Funding Regulations, 2009, which were originally set to expire on January 30, 2014. The Air Canada Pension Plan Funding Regulations, 2014 temporarily relieve Air Canada from the requirement to make special…

Canada’s Anti-Spam Legislation to Come into Force on July 1, 2014

On December 4, 2013, the Department of Industry published the final version of the Electronic Commerce Protection Regulations (the “Industry Canada Regulations”) under Canada’s Anti-Spam Legislation (“CASL”) – the last step in the long process of putting a comprehensive regulatory scheme into place. At the same time, the government announced that much of CASL would…