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.


Case In Point

Appellate Court Finds Settlement for Payment of Bonus Enforceable Despite Breach of Non-Compete Clause

· 3 min read By: Richelle Pollard

The Court of Appeal recently upheld a motion judge’s finding that an employer was required to pay a bonus despite the fact that the dismissed employee was in breach of a non-compete clause. In Wilson v. Northwest Value Partners Inc., the parties entered into a settlement at mediation regarding Wilson’s claim for benefits (inclusive of…

Case In Point

Full Payout to End of Fixed Term Contract in Case of Early Termination, No Duty to Mitigate

· 3 min read By: Melissa I. Roth

In Howard v. Benson Group Inc. (The Benson Group Inc.), the Ontario Court of Appeal ruled that in the absence of an express provision specifying a pre-determined notice period or pay in lieu (for early termination without cause), on the early termination of a fixed term contract an employee is entitled to the wages the…

FTR Now

Countdown to ORPP: Ontario Tables New Implementation Legislation

· 16 min read By: Hicks Morley

Long-awaited Ontario Retirement Pension Plan (ORPP) legislation was introduced on Thursday, April 14, 2016, which, if passed in its present form, will provide the statutory framework and timeline for full ORPP implementation by January 1, 2020…

Human Resources Legislative Update

Ontario Budget Bill 2016 Passes

· 1 min read By: Pamela M. Hillen

On April 13, 2016, the Ontario government passed Bill 173, Jobs for Today and Tomorrow Act (Budget Measures), 2016, omnibus legislation giving effect to initiatives contained in the Ontario Budget 2016. See our FTR Now of February 29, 2016, Ontario Budget 2016, for a detailed discussion of those initiatives of interest to employers, human resources professionals and…

Human Resources Legislative Update

Ontario Safety Blitzes To Target Workplaces and Sectors with Vulnerable Workers

· 1 min read By: Pamela M. Hillen

The Ontario Ministry of Labour has announced that it will do over 20 targeted blitzes at Ontario workplaces from May 2, 2016 to March 31, 2017. The Ministry will investigate potential violations of employment standards and occupational health and safety laws at targeted workplaces which include food services, retail stores, construction sites, mines and, in…

Case In Point

Court Reaffirms Broad Academic Discretion of Universities

· 2 min read By: Lisa M. Meyer

In Tran v. University of Western Ontario, the Ontario Superior Court recently considered both the ability of an institution to shield itself from civil action on the basis of “academic discretion” and the liability of the individual employees of the institution in exercising such discretion. Justice Dunphy accepted that universities enjoy broad discretion in respect of academic…

Case In Point

Human Rights Tribunal Rules that Miscarriage is a Disability

· 2 min read By: Amanda E. Lawrence-Patel

In a recent decision, the Human Rights Tribunal of Ontario (Tribunal) found that the Applicant, who had suffered a miscarriage, had a disability within the meaning of the Human Rights Code (Code). While this decision has garnered much attention in the media, its potential significance for employers going forward may not result from the particular…

FTR Now

Ontario Passes Legislation Creating a Statutory Presumption of Work-Relatedness for First Responders Diagnosed with PTSD

· 4 min read By: Samantha C. Seabrook, Joseph A. Cohen-Lyons

On April 5, 2016, the Ontario government passed Bill 163, Supporting Ontario’s First Responders Act (Posttraumatic Stress Disorder) 2016, amending the Workplace Safety and Insurance Act, 1997 (“WSIA”) and the Ministry of Labour Act. The Bill will come into force upon Royal Assent.