On June 9, 2025 the Ontario Court of Appeal released its decision in Ontario (Labour, Immigration, Training and Skills Development) v. Benevides, granting leave to appeal the provincial offences appeal judge’s decision to the Court of Appeal. Background This case stems from a construction site incident that occurred in April of 2020 where eight spools…
Insights
Hicks Morley publishes a number of materials, both electronic and print, on issue-specific and sector-specific topics of interest to our clients. Our insights section has links to all of our various publications, updates and blogs, both current and historical, to keep you informed of developments in the law that impact human resources.
Reaching Out
Summer 2025 Updates for Social Services Employers
It has been a few unsettling months, and it looks like there will be more to come. We hope that you are able to find some time this summer to relax and recharge. Before you do, we wanted to bring to your attention some developments that may be important for your social services organization in the hopes it will make managing workplace issues easier.
FTR Now
Employers Have a Statutory Duty to Investigate Claims of Harassment and Authority to Discipline Off-Duty Conduct When It Manifests in the Workplace
The Ontario Court of Appeal rules that employers have a statutory duty to investigate claims of harassment and have the authority to discipline off-duty conduct when it manifests in the workplace.
Human Resources Legislative Update
Federal Government Publishes Revised Standard on Accessible Employment under the Accessible Canada Act
On May 29, 2025, Accessibility Standards Canada (ASC) announced its publication of a revised Accessibility Standard on Employment (Standard) under its mandate pursuant to the Accessible Canada Act (Act). The revised Standard, CAN/ASC-1.1:2024 (REV-2025), replaces the original version released in December 2024. Background The Act came into force on July 11, 2019, establishing ASC as…
FTR Now
Ontario Introduces Working for Workers Seven Act, 2025
On May 28, 2025, the Ontario government introduced Bill 30, the Working for Workers Seven Act, 2025 (Bill 30). Bill 30 continues the province’s ongoing “Working for Workers” legislative initiative, proposing significant amendments to various employment-related statutes, including the Employment Standards Act, 2000, Occupational Health and Safety Act, and Workplace Safety and Insurance Act, 1997.
Human Resources Legislative Update
Employers Take Note: Human Rights Tribunal of Ontario Launches Mandatory Mediation Process Effective June 1, 2025
The Human Rights Tribunal of Ontario (HRTO) will implement a significant procedural change that will impact how human rights disputes are resolved in the province. The HRTO has announced the launch of a mandatory mediation process for all applications filed on or after June 1, 2025. Applications filed with the HRTO prior to June 1,…
Human Resources Legislative Update
Employers Take Note: WSIB Suspends Appeals and Extends Time Limits as Over 3,600 Unionized Workers Begin Rolling Strikes
The Workplace Safety and Insurance Board (WSIB) has suspended its appeals processes and extended objection time limits as over 3,600 unionized workers commenced rolling strikes on May 22, 2025, following failed contract negotiations with the Ontario Compensation Employees Union (OCEU). The labour disruption has prompted significant operational changes affecting workplace parties seeking to challenge WSIB…
FTR Now
Ontario Court of Appeal Upholds Termination Clause Limiting Employee to ESA Minimums in Bertsch v. Datastealth Inc.
The Ontario Court of Appeal has delivered a significant decision in Bertsch v. Datastealth Inc., wherein the Court confirmed that properly drafted termination clauses can limit employees to only their statutory minimum entitlements under the Employment Standards Act, 2000 (ESA) upon termination.
Common Ground? Class Action Updates
Alberta Court Permits Disclosure of City’s Workplace Sexual Misconduct Class-Action Settlement, Revealing $9.5 Million Payment to 155 Women
The Court of King’s Bench of Alberta has permitted disclosure of settlement details in a class action lawsuit against the City of Leduc, revealing a payment of over $9.5 million to 155 female employees who experienced workplace sexual misconduct. This case represents both one of the highest compensation per person for workplace sexual misconduct claims…
Case In Point
Ontario’s Human Rights Tribunal Dismisses Discrimination Claim Against Union’s Women-Only Job Posting Under Special Program Provisions in the Code
Employers seeking to initiate equitable hiring strategies may wonder whether such programs are “legal”, given the current political climate in the United States. A recent decision of the Human Rights Tribunal of Ontario contains important reminders.