Employers and human resource professionals will undoubtedly remember 2020 as the “year of the pandemic.” But … there were also legal developments in 2020 that were not related to COVID-19. In this FTR Now, we look at some of the year’s notable “non-pandemic” cases and legislative developments of interest. We also identify some decisions and…
Insights
College Update
College Update: 2019 Year in Review
· 25 min read2019 was a busy year in the College sector. We thought it would be useful to review some of the significant human resource issues from 2019 as these cases may impact your approaches in 2020. Curl up by the fire and have a read. Happy New Year!
Case In Point
The Ontario Court of Appeal has denied leave to appeal a judicial review of a Human Rights Tribunal of Ontario (Tribunal) decision that found an employer’s request for an Independent Medical Examination (IME) as part of the accommodation process reasonable in the circumstances. This case further provides helpful guidance with respect to the scope of…
Case In Point
Are an employer’s financial circumstances a relevant consideration in determining the period of reasonable notice to which a wrongfully dismissed employee is entitled? This is the question the Court of Appeal for Ontario was asked to decide in Michela v. St. Thomas of Villanova Catholic School, where the motion judge had reduced damages in lieu of…
Reaching Out
Reaching Out – Eighth Edition
· 21 min readDear Friends, Before everyone becomes distracted by the beautiful weather and blooming flowers, we wanted to provide you with our Spring Edition of Reaching Out. We hope that it will give you some valuable information that you can put to good use during the hazy days of summer. Leanne N. Fisher, an Associate in our…
Reaching Out
Reaching Out – Fifth Edition
· 35 min readDear Friends, Well, the verdict is in. Six more weeks of winter according to our furry rodent weather prognosticators! And what better way to fill those cold blustery evenings than something interesting and topical to read? Welcome to the Winter 2014 Edition of Reaching Out, our newsletter specifically focussed on issues relevant, and of particular…
News
In Ontario (Labour) v. Flex-N-Gate Canada Company, the Court of Appeal for Ontario found that corrective action taken by an employer to merely comply with a safety order following a workplace accident was not a mitigating factor for sentencing purposes under the Occupational Health and Safety Act (“OHSA”), and that fines for multiple OHSA breaches…
Case In Point
Flex-N-Gate, an automobile parts manufacturer, was charged under the Occupational Health and Safety Act (“OHSA”) after a worker badly injured her foot while unbundling 5200 bounds of metal sheets. At the time of the accident the injured worker was following company procedure. A Ministry of Labour (“MOL”) inspector investigated the accident and issued two orders…
News
In a recent decision of the Court of Appeal for Ontario, Chevalier v. Active Tire & Auto Centre Inc., the Court upheld a trial judge’s finding that an employee who refused an offer of re-employment with his former employer was not entitled to damages: there was no evidence that had he returned to that workplace,…
Case In Point
The Court of Appeal for Ontario has upheld a lower court decision which found the plaintiff (Mr. Chevalier), who had been constructively dismissed, was not entitled to damages after he declined an offer of re-employment from his former employer. It held that the trial judge had properly considered and applied the legal principles, concluding on…
Reaching Out
Reaching Out – First Edition
· 21 min readDear Friends, The Social Service Sector Practice Group is pleased to introduce its first FTR Now edition of Reaching Out. Reaching Out is our Social Service Update designed to provide you with legal updates on new and developing cases, trends and topics that are relevant to your sector and which provide you with information and…
FTR Quarterly
2012 Winter Edition
· 1 min readFOCUS ON OCCUPATIONAL HEALTH AND SAFETY Boundaries expanding on occupational health and safety LEGAL DEVELOPMENTS The challenges of accommodating environmental sensitivities in the workplace Ontario WSIB: Tackling unfunded liability issues PROFILE Touching all the bases Download PDF
School Board Update
School Board Update
· 21 min readIN THIS ISSUE Hicks Morley Negotiation Support Services Human Rights Tribunal of Ontario Defers to Special Education Tribunal Occasional Teacher Timetables Duties of Principals Burden of Proof in Discharge Cases Accommodation of Religious Holidays TPA Arbitration and Motion for Non-Suit School Security and Office Staff HICKS MORLEY NEGOTIATION SUPPORT SERVICES Did you know that more…