The Spring 2017 issue of OMHRA’s ECHO newsletter features two articles by Hicks Morley lawyers. Stephanie Jeronimo and Julia Nanos authored articles titled “Let’s Talk About Employment Contracts!” and…
Industry: Social Services
An Update on “Minimum Standards Only” Termination Clauses
The Ontario Superior Court has issued several decisions over the past few years which have found “minimum standards only” termination provisions in employment contracts to be unenforceable. Thus, employers are in the unexpected position of being liable for reasonable notice at common law…
New Definition of “Spouse” in Ontario to Affect Plan Administration, Insurance & Succession Rules
Pending legislative changes to the definition of “spouse” in Ontario are set to impact pension plan administration and insurance claims in Ontario, further to amendments recently enacted by Bill 28, All Families Are Equal Act (Parentage and Related Registrations Statute Law Amendment), 2016…
OMHRA ECHO Newsletter Features Articles by Hicks Morley Lawyers
The Winter 2017 issue of OMHRA’s ECHO newsletter features two articles by Hicks Morley lawyers. Stephanie Jeronimo and Julia Nanos authored one article titled “Attendance Management: The Divisional Court Sheds Further Light on the Limits of the Duty to Accommodate.” Stephanie Jeronimo and Julia Nanos wrote the article titled…
Ten Incident Response Tips – Part 2
In Part 1 of this two-part series on data security incident response, we identified five “norms” to guide your incident response process…
Appellate Court Clarifies Use of Subsequent Conduct Evidence in Resolving Ambiguous Contract
In an important decision regarding the law of contractual interpretation, Shewchuk v. Blackmont Capital Inc., the Ontario Court of Appeal considered when the subsequent conduct of parties can be considered in interpreting a contract made between those parties…
Ten Incident Response Tips – Part 1
Responding to a data security incident is as much art as science. Whatever size your organization and whatever risks you face, you should have a detailed incident response plan to guide the efforts of a defined incident response team…
Appellate Court Refuses to Extend Time for Filing of Leave to Appeal: Case Lacked Merit
In Reid v College of Chiropractors of Ontario, the Ontario Court of Appeal recently reviewed the test for extending time to file leave to appeal. The Court dismissed the motion for an extension of time on the basis that the proposed appeal lacked merit. The decision provides a helpful summary of the test for extending…
Supreme Court Affirms Supremacy of Solicitor-Client Privilege
In Alberta (Information and Privacy Commissioner) v. University of Calgary, a majority of the Supreme Court of Canada (with two justices partially concurring) affirmed that the University of Calgary was justified in its refusal to produce certain documents over which it had claimed solicitor-client privilege to the Information and Privacy Commissioner of Alberta (Commissioner). The…
WSIB Rate Framework Approved
On November 14, 2016, the Board of Directors of the Workplace Safety and Insurance Board (WSIB) approved its new Rate Framework which fundamentally changes the way the WSIB classifies Schedule 1 employers and sets their premium rates. The Rate Framework has a targeted implementation date of January 2019. On the same date, the Board of…