Case In Point

Past Conduct, Present Cause: Ontario Court Upholds After-Acquired Cause in Birnbaum v. Dr. Chan

What happens when an employer discovers serious misconduct only after terminating an employee without cause? In Birnbaum v. Dr. Chan, the Ontario Superior Court confirmed that employees are not insulated from the consequences of serious misconduct committed before termination simply because it was discovered afterwards.

FTR Now

Ontario’s Court of Appeal Reaffirms the Limits of Justiciability in Dorceus v. Ontario

In Dorceus v. Ontario, the Ontario Court of Appeal confirmed that courts are not the place for sweeping political or scientific debates disconnected from viable legal claims. The decision is a useful reminder that civil claims must be grounded in material facts, that unmeritorious claims can be struck early, and that certain workplace-related disputes must proceed through the specialized forums with exclusive jurisdiction. Hicks Morley’s Shauna Bartlett reviews the decision and what it means for future claims.

Federal Post

Bill C-31 Introduces Federal Ban on Non-Compete Clauses and Other Employment-Related Restrictions

Bill C-31 would introduce a significant shift for federally regulated employers by proposing a broad prohibition on non-compete clauses and other employment-related restrictions, subject to narrow exemptions.

In this article, we review the proposed framework, key exemptions, transitional timing, and practical steps employers should consider now.

FTR Now

Ontario Modernizes Its Freedom of Information and Privacy Regime

Ontario has passed significant amendments to its freedom of information and privacy legislation, with important implications for public-sector institutions. This article outlines the key changes under Bill 97, what they may mean for public-sector employers and how organizations can begin preparing now.

Federal Post

Consultations on Potential Amendments to Canada Labour Code Launched

The federal government has launched consultations on potential amendments to the Canada Labour Code, with possible implications for collective bargaining, worker protections and other employer obligations in federally regulated workplaces. Our latest federal post highlights the key measures under consideration and the timeline for stakeholder input.