In Tim Ludwig Professional Corporation v. BDO Canada LLP, the Ontario Court of Appeal recently upheld a lower court decision which awarded an expelled partner in excess of $1.3 million in damages for lost profits and benefits, and aggravated damages (see our Case in Point, Expelling a Partner: An Expensive Cautionary Tale for Partnerships). In…
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Fixed-Term Contract Termination Provision Violates ESA, Says Appeal Court
The Ontario Court of Appeal has again weighed in on the issue of termination provisions in employment contracts. By way of background, we recently reported on the February 2017 decision of the Court of Appeal in Wood v Fred Deeley Imports Ltd. In that case, the Court reversed a motion judge’s conclusion that a termination…
2017 HRPA Annual Conference & Tradeshow
Topic New and Evolving Issues in Workplace Accommodation Workplace accommodation is one of the most challenging issues facing both employers and service providers. Legal developments emerging from human rights tribunals, arbitration boards and courts across Canada have imposed additional challenges, expanded obligations, and the need to think outside the box as employers and service providers…
Guelph and District HRPA Employee Relations Peer Networking Meeting
Topic Attendance Management Programs and Avoiding Legal Pitfalls The one hour session will review the issues related to developing and implementing an Attendance Management Program. This often raises problems with union grievances, or human rights complaints, therefore a good understanding of the human rights code and accommodation principles, as well as some WSIB and ESA…
New Private Member Bill Proposes “Card Check” Unionization, First Contract Arbitration Model for Ontario
On April 4, 2017, the New Democratic Party (NDP) of Ontario introduced private member legislation that would amend the Labour Relations Act, 1995 (Act) to bring “card check” union certification back to Ontario for the first time since 1995, and to implement a new first contract arbitration process. It is important to note that private…
Guidance for Organizations Sharing Information for Investigation/Fraud Purposes Issued by OPC
The Office of the Privacy Commissioner of Canada (OPC) recently provided guidance on the new provisions of the Personal Information Protection and Electronic Documents Act (PIPEDA) that allow organizations to share information for investigation and fraud prevention purposes. The amendments, in force since 2015, give organizations significant flexibility to address cyber-crime and fraud by allowing…
Hicks Morley Congratulates Canada’s Best Diversity Employers for 2017
We would like to extend a very special congratulations to all the employers and in particular our many clients who made the list of Canada’s Best Diversity Employers for 2017. Canada’s Best Diversity Employers recognizes employers across Canada that have exceptional workplace diversity and inclusiveness programs. This competition recognizes successful diversity initiatives in a variety…
Leaves of Absence, Procedural Matters and More
In this latest edition of our School Board Update, we are bringing you summaries of three recent cases which will be of interest. They deal with abuse of process at arbitration, entitlement of part-time and custodial employees to miscellaneous leaves, and the balancing of religious freedom with other statutory requirements…
Counsel to a university board at arbitration involving the intersection of board governance rules and academic freedom.
Counsel to university on complex pension governance arbitration.