In Dussault v Imperial Oil Limited, the Ontario Court of Appeal found that two employees did not fail to mitigate their damages when they refused offers of employment from the purchaser of a former employer, as the employment that was offered was not “comparable.” Background In 2016, Imperial Oil sold its retail business to Mac’s…
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 Waiver of Common Law Notice Valid, Considers Continuity of Service under ESA
In Ariss v NORR Limited Architects & Engineers, the Ontario Court of Appeal upheld a decision of a motion judge who considered the appellant’s entitlements under the common law and the Employment Standards Act, 2000 (ESA) upon termination. Background In 1986, the appellant began employment with a company which was sold to the respondent employer…
FTR Now
Ontario Proposes Significant Changes to Wage Restraint and Collective Bargaining in the Public Sector
Following through on a consultation process that was kicked off on April 4, 2019, the Ontario government has introduced legislation that, if passed, would significantly impact most broader public sector employers.
FTR Now
The End of Health and Welfare Trusts: Proposed Amendments to the Income Tax Act (Canada)
On May 27, 2019, the federal Department of Finance announced proposed amendments to the Income Tax Act (Canada) (ITA), to facilitate the conversion of existing Health and Welfare Trusts (HWTs) into Employee Life and Health Trusts (ELHTs), and to improve the existing ELHT rules. Comments on the proposed ITA amendments are invited by July 31, 2019…
Federal Post
Federal Update: What Employers Need To Know
In this edition of the Federal Post, we discuss a case recently argued at the Supreme Court of Canada that will consider the scope of the “workplace” under the Canada Labour Code.
Case In Point
WSIA “Employment Function” Mental Stress Exclusion Considered by Appellate Court
In Ontario Public Service Employees Union v. The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services), the Divisional Court recently overturned a 2017 Grievance Settlement Board (GSB) decision that found the grievor’s right to a workplace free of harassment had been violated but that it had no jurisdiction to award damages…
School Board Update
School’s (Almost) Out! Our Final School Board Update for the 2018-2019 School Year
As another academic year draws to a close and we are finally getting a glimpse of summer, we bring you our last School Board Update of the Spring term. In it, we discuss two arbitration awards
Raising the Bar
Yours to Discover: 10 Tips for Navigating the Documentary Discovery Process
In this issue of Raising the Bar, we share 10 tips and best practices to guide employers embarking upon their next trip through the document discovery process in a manner that is not only compliant with their legal obligations, but also controlled, strategic and cost-effective.
Case In Point
Appellate Court Considers “Appropriate Means” Test Under Limitations Act and Reliance on “Non-Traditional” Expertise
In Presley v. Van Dusen, the Ontario Court of Appeal provided guidance on the statutory limitation period and the reliance on “non-traditional” experts. Background The appellant homeowners retained Van Dusen to install a septic system in 2010. There were problems with the operation of the system. The appellants called Van Dusen and he appeared to…
Employer Obligations for Critical Injury-Fatality Reporting under OHSA
In this Toolkit, we identify key legal issues and obligations under the Ontario Occupational Health and Safety Act (OHSA) of which employers should be aware, including the steps that should be taken upon occurrence of a critical injury or fatality.