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2311 Results

IMEs and the Scope of an Employer’s Communications with IME Examiners

· 7 min read

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…

Union Need Not be Involved in Every Accommodation Request, Appeal Court Rules (and the Supreme Court Agrees)

· 4 min read

Earlier this year, the British Columbia Court of Appeal issued a helpful decision for employers dealing with accommodation issues in a unionized context. On September 7, 2017, the Supreme Court of Canada denied the union’s request for leave to appeal from the B.C. Court of Appeal decision. The B.C. Court of Appeal decision considered the…

Ontario Court Declines to Consider Wrongful Dismissal Action Where Ontario Resident Worked in Michigan

· 4 min read

In its recent decision in Koutros v Persico USA Inc., the Ontario Superior Court of Justice set aside the service of a Statement of Claim and stayed an action on the basis that Michigan (not Ontario) was the appropriate jurisdiction in which to dispute the termination of an employment contract. The plaintiff lived near Windsor…

Proposed Data Breach Regulations Under PIPEDA Published

· 3 min read

On September 2, 2017, the federal government published the proposed regulatory text of the Breach of Security Safeguards Regulations (Regulations) made under the Personal Information Protection and Electronic Documents Act (PIPEDA). Interested persons have been invited to make representations on the Regulations. As previously reported, amendments to the PIPEDA enacted by the Digital Privacy Act…

Canadian Bar Association Pensions and Benefits Law Section Publishes an Article by Natasha Monkman on Implementing Intentions: Recent Pension Division Jurisprudence

Hicks Morley’s Natasha Monkman authored an article for the Canadian Bar Association Pensions and Benefits Law Section titled “Implementing intentions: Recent pension division jurisprudence”. The article explores pension divisions upon marriage breakdown and reviews two recent cases in which the court was called upon to enforce existing court orders..

Accommodation Training Workshop – Waterloo

There’s no such thing as “textbook” accommodation. Whether your employee has a challenging physical or mental disability that impacts their ability to do the job, childcare problems that interfere with their performance, faith-related obligations or is in the process of transitioning, how you respond to that individual’s request – or don’t – can mean significant liability for your organization. Are you prepared?

Accommodation Training Workshop – Toronto

There’s no such thing as “textbook” accommodation. Whether your employee has a challenging physical or mental disability that impacts their ability to do the job, childcare problems that interfere with their performance, faith-related obligations or is in the process of transitioning, how you respond to that individual’s request – or don’t – can mean significant liability for your organization. Are you prepared?