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.


FTR Now

Supreme Court of Canada: Work Place Safety Inspections Under Canada Labour Code Only Apply to Work Place Over Which Employer Has Control

· 5 min read By: Nadine S. Zacks

The Supreme Court of Canada has held that an employer’s work place inspection obligations under the Canada Labour Code (Code) only extend to that part of the work place over which it has physical control, and not to locations beyond its control where its employees may be engaged in work. This decision is welcome news for employers that may require employees to work outside of the employer’s physical location.

FTR Now

New Year – New Standard of Review

· 6 min read By: Frank Cesario

Just prior to the end of 2019, the Supreme Court of Canada established a new framework that is designed to guide lower courts on applying the standard of review in judicial review applications. The Court’s long-awaited “trilogy” of cases in Canada (Minister of Citizenship and Immigration) v. Vavilov and the two companion appeals heard together in Bell Canada v. Canada (Attorney General) represents an express departure and evolution from the framework that the Court set out in the case of Dunsmuir decided over a decade ago.

FTR Now

Alberta Appellate Court Renders Significant Decision on University Autonomy and Expressive Rights

· 7 min read By: Frank Cesario

Universities value their autonomy, and though subject to court supervision, have long been accorded significant leeway in managing their academic and non-academic affairs. The Alberta Court of Appeal recently issued a decision that is controversial in its recognition that the Canadian Charter of Rights and Freedoms governs an Alberta university’s control over the use of its space. This decision conflicts with jurisprudence in other jurisdictions and may be challenged, but it does highlight the pressures on university autonomy today, particularly as they pertain to matters involving free expression.

Human Resources Legislative Update

Federal Government Postpones Changes to Stock Options

· 1 min read By: Hicks Morley

In June 2019, the federal government tabled a Notice of Ways and Means Motion to limit the benefit of the employee stock option deduction for high income individuals employed at large, long-established, mature organizations. Stakeholders were invited to provide input on the characteristics of small, growing companies that should not be subject to the new…

Gender Identity and Gender Expression

· 1 min read By: Hicks Morley

Gender identity and gender expression are protected grounds under Ontario’s Human Rights Code (Code). While the law in this area is highly dynamic, this Client Toolkit provides employers with guidelines and best practices for understanding its unique aspects, supporting trans people in the workplace, and ensuring compliance with the Code.

Accommodating Medical Marijuana

· 1 min read By: Hicks Morley

Accommodating medicinal cannabis requires balancing an employee’s rights under the Human Rights Code with an employer’s obligations under the Occupational Health and Safety Act to take every precaution reasonable in the circumstances for the protection of workers. These obligations are especially pronounced in workplaces that include safety-sensitive positions.

ESA Compliance Checklist

· 1 min read By: Hicks Morley

Employers are required to comply with the minimum standards set out in the Employment Standards Act, 2000 (ESA). In this Checklist, we provide a general overview of an employer’s ESA compliance obligations, along with checklists to assist you in assessing your degree of compliance.