Raising the Bar – Tenth Edition

“Autumn is a second spring when every leaf is a flower.” Albert Camus Dear Readers, Welcome to Fall 2015! We are excited to bring you this latest edition of RTB as you get ready for the changing of the season. In this edition, we have a very interesting collection of decisions that you need to…

2015 Summer Edition

FOCUS ON HUMAN RIGHTS Beyond wrongful dismissal LEGAL DEVELOPMENTS Common pitfalls: use of expert witnesses Class actions beyond certification – the case for defence through trial PROFILE A litigator at heart Download PDF

Top Listed in Best Lawyers

Hicks Morley once again ranked #1 in Canada in the field of Labour and Employment Law in Best Lawyers® in Canada 2016. Hicks Morley has more listed lawyers in the area of Labour and Employment Law than any other firm in Canada.

Ontario Court of Justice Dismisses OHSA Charges Where Worker’s Unauthorized Act Led to Injury

In a recent decision, R. v. ABS Machining Inc., the Ontario Court of Justice dismissed Occupational Health and Safety Act (“OHSA”) charges against an employer where the injured worker’s unexpected and unauthorized act led to his injury. The decision confirms that employers can succeed in defending charges on the basis of due diligence when workers…

Employer Investigations Held to Standard of Reasonableness, not Correctness or Perfection

In a recent decision, Zambito v. LIUNA Local 183, the Human Rights Tribunal of Ontario (“Tribunal”) provided some useful guidance on internal employer investigations. It reiterated that while it is extremely important for employers to respond seriously and promptly to all allegations of discrimination and harassment, they will be not be held to a standard of…

Simon Mortimer was quoted in Canadian Lawyer article regarding Law Practice Program

Hicks Morley’s Simon Mortimer was quoted in an August 24, 2015 Canadian Lawyer article entitled “LPP: Answering a Different Call”. The article discusses the English- and French-language Law Practice Program being offered to new law graduates. Hicks Morley participated in the program, offering an alternative route for law grads to gain the necessary skills and experience for future practice. While supportive of the program, Simon noted that the firm views articling as the path to becoming an associate and sees the LLP program, due to its short duration, as more of an internship.

An Update on WSIB Rate Framework Reform

In March 2015, the Workplace Safety and Insurance Board (“WSIB”) released a preliminary Rate Framework (“Proposed Framework”) which, if adopted, would fundamentally change the way the WSIB classifies Schedule 1 employers and sets their premium rates (see our FTR Now of April 17, 2015 “WSIB Rate Framework Reform: Stakeholder Input Invited”). At the same time,…