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.


Common Ground? Class Action Updates

Ontario Court Approves Settlement Amount in Employee Misclassification Class Action

· 2 min read By:

In Phillip v Deloitte Management Services LLP et al, the Ontario Superior Court recently approved a $2.4 million dollar settlement in a class action alleging employee misclassification and breaches of the Employment Standards Act, 2000 (ESA). The class action commenced nearly 8 years ago and involved approximately 500 individuals who provided document review and e-discovery…

Federal Post

Update on Medical and Personal Leaves under the Canada Labour Code, Upcoming Deadlines under the Accessible Canada Act, and More

· 13 min read By: Nigel McKechnie, Lucy Wu

In this Federal Post, we discuss the practical challenges confronting federal employers when implementing the new medical and personal leaves under the Canada Labour Code. We also look at upcoming compliance deadlines under the Accessible Canada Act regulations and the federal Pay Equity Act.

HR HealthCheck

Ontario Tables Bill to Create Integrated Community Health Services Centres, and More

· 3 min read By: Rebecca Liu

On February 21, 2023, the Ontario government tabled Bill 60, Your Health Act, 2023 for First Reading. The government states that the objective of the Bill is to reduce wait times for surgeries, procedures and diagnostic imaging ‘while enabling its new “As of Right” rules to automatically recognize the credentials of health care workers registered in other provinces and territories.’ If passed, Bill 60 would enact the Integrated Community Health Services Centres Act, 2023 (Proposed Act) which would create integrated community health services centres, among other things.

Case In Point

Court Finds Employer Had Cause to Dismiss Employee After He Deleted Employer Website

· 3 min read By: Hicks Morley

In Park v Costco Wholesale Canada Ltd., the Ontario Superior Court held a former employee (Mr. Park) had engaged in wilful misconduct that was incompatible with the fundamental terms of his employment relationship with his employer, Costco, and that Costco was therefore justified in terminating his employment for cause. The employee had worked for Costco…

Case In Point

Federal Court: No Entitlement to EI Benefits Where Employee Fails to Comply With Employer’s Vaccination Policy

· 3 min read By: Diane Harbin

In Cecchetto v. Canada (Attorney General), the Federal Court recently considered a decision of the Appeal Decision of the Social Security Tribunal (SST) which denied leave to appeal a finding of the General Division of the SST that the applicant was not entitled to employment insurance (EI) benefits when his employment was terminated for failure…

Human Resources Legislative Update

WSIB Publishes Draft Communicable Illnesses Policy for Consultation

· 1 min read By: Kerrie Yim

The Workplace Safety and Insurance Board (WSIB) has published a Draft Communicable Illnesses Policy (Draft Policy) for consultation. As stated by the WSIB, the WSIB has adjudicated tens of thousands of COVID-19 claims since the onset of the pandemic. Drawing from its history of adjudicating communicable diseases and the recent COVID-19 claims’ experience, the WSIB…

Human Resources Legislative Update

Ontario Proposes Amendments to Long-Term Care Sector Regulations

· 2 min read By: Quinn Brown

Ontario’s Ministry of Long-Term Care has tabled a proposal to amend Regulation 246/22 made under the Fixing Long-Term Care Act, 2021. The proposed amendments focus on changes to staffing qualifications, medication management and drug administration and overall resident experience. Regulation 246/22 prescribes residents’ rights, plans of care, nursing and personal support services, nutritional care, medical…

Common Ground? Class Action Updates

BC Court Denies Application to Stay a Class Action Appeal in Order to Avoid “Litigation in Slices”

· 3 min read By: Jordynne Hislop

In Facebook, Inc. v. Douez, the Supreme Court of British Columbia denied an application by the representative plaintiff (Ms. Douez) to stay an appeal by Facebook of a class action order with respect to liability. The Court noted that while there is a general aversion to “litigation in slices,” it may be appropriate to permit…

Case In Point

Divisional Court Confirms Non-Construction Employer Provisions in Labour Relations Act Do Not Infringe Charter Rights

· 4 min read By: Brooklyn Hallam

In Carpenters’ District Council of Ontario v. City of Hamilton, the Divisional Court dismissed an application for judicial review of an Ontario Labour Relations Board (Board) decision in which the union challenged the amendments to the non-construction employer (NCE) provisions in the Labour Relations Act (LRA). Specifically, the union challenged the constitutionality of Bill 66,…