Restrictive covenants in an employment context are intended to control an individual’s competition and conduct in relation to her employer’s business after the employment relationship ends. These covenants will only be upheld by the courts if they are reasonable as between the parties and reasonable in light of the broader public interest in discouraging restraints…
Practice Area: Litigation
Enjoying a Safe Holiday Office Party
Once again, the holiday season is upon us and it is that time of year when employers begin to plan for seasonal and holiday celebrations. Whether these celebrations are large or small, it is important that employers take proactive steps to ensure the health and safety of their employees who attend office parties or other…
Hicks Morley Introduces Case Law Blog
Hicks Morley is pleased to announce the launch of Case In Point, a blog designed to provide human resources professionals with timely information about interesting case law developments in a range of employment-related areas. In this FTR Now, we highlight the features of this new service. BACKGROUND In 2010, Hicks Morley launched Human Resources Legislative…
The Reasonable Expectation of Privacy: Where Does it End?
Privacy is an expanding area of law, and it has particular impact on employers. In a recent decision outside of the employment context – R v. Ward – the Court of Appeal for Ontario speaks to the scope of an individual’s reasonable expectation of privacy. The decision in Ward highlights two points of importance to…
Court of Appeal Finds Insurance Producer Breached Agreement to Pay for his Book of Business
In a recent decision, the Ontario Court of Appeal found that an insurance producer breached his oral agreement with his brokerage that he would pay 50 percent of the fair market value of the book of business if he took it with him when departing. The Court ordered that the producer pay the broker for…
Overtime Class Action Update
On June 26, 2012, the Court of Appeal for Ontario released three decisions in proposed overtime class actions in the latest development respecting claims for overtime by current and former employees. This FTR Now discusses these decisions. The first two cases were heard by the Court of Appeal consecutively and involve proposed class proceedings against…
Overtime Eligibility Class Action Certification Motion Dismissed
On April 27, 2012, Mr. Justice George Strathy of the Ontario Superior Court of Justice released his decision in which he dismissed a motion for certification of a proposed class action brought by Michael Brown and Brian Singer, on behalf of current and former “Analysts,” “Investment Advisors” and “Associate Investment Advisors” employed by the Canadian…
No Vacation from Justice: The SCC Rewrites the ‘Real And Substantial Connection’ Test
The Supreme Court of Canada has rewritten the ‘real and substantial connection’ test for determining when a court can assume jurisdiction over a dispute. In Club Resorts Ltd. v. Van Breda, the Court created a list of ‘connecting factors’ that, when present, will lead to a presumption of jurisdiction and allow a court to assume…
Appreciate This: The New Test for Summary Judgment
The Ontario Court of Appeal has created a new test for granting summary judgment. The Court convened a rare five-judge panel and heard five cases together to provide “guidance” to lower courts, litigants and lawyers on the law of summary judgment. This process culminated in the recent decision, Combined Air Mechanical Services Inc. v. Flesch,…
Court Finds Tort of Conspiracy in Case of Departed Insurance Producers
On October 6, 2011, Justice Stinson released an important decision finding two insurance producers liable for departing and taking a book of business without paying for it. Neither producer had signed written contracts regarding who owned the books of business. Justice Stinson held that one of the producers breached his verbal agreement that he would…