FOCUS ON LONDON Hicks Morley in London: 20 years and counting LEGAL DEVELOPMENTS Update on universal random drug and alcohol testing in Canada Best practices on termination PROFILE London office original Download PDF
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Reaching Out – Fourth Edition
Dear Friends, It is that time of year again, and after a summer hiatus and a relatively warm fall there is no doubt the air now feels a little crisper and autumn is in full swing. This weekend we gain an extra hour (theoretically at least) as the clocks fall back and it is our…
Discrimination in the Provision of Services – Is Your Organization Vulnerable?
In the 2012/13 fiscal year, 21% of applications filed with the Human Rights Tribunal of Ontario alleged discrimination with respect to goods, service and facilities. In addition, the introduction of the Accessibility for Ontarians with Disabilities Act has increased awareness and focus on providing services in a way that is inclusive and accessible. This conference will…
Supreme Court of Canada To Hear “Right to Strike” Case
In a case that will be eagerly anticipated by the labour relations community, the Supreme Court of Canada has granted leave to appeal from a decision of the Saskatchewan Court of Appeal which found that the “right to strike” is not constitutionally protected. Courts have been grappling with the extent of the constitutional protection for…
Court of Appeal for Ontario Considers Enforceability of Restrictive Covenants
The Court of Appeal for Ontario has affirmed that if restrictive covenants are to be enforceable, they must be properly drafted. In Eagle Professional Resources Inc. v. MacMullin, the Court upheld the finding of a motion judge that “non-competition” clauses in the employment contracts of employees who left the plaintiff’s employ and joined a competitor…
Education Act Regulations Amended
On October 28, 2013, the Ontario government filed amendments to regulations under the Education Act. O. Reg. 289/13 (Full Day Junior Kindergarten And Kindergarten) amends section 0.1 of O. Reg. 224/10 by (1) inserting a new section that provides that the obligations under the regulation with respect to a school terminate upon the closure of…
Ontario Court of Appeal Decision Underscores Importance of Properly Drafted Restrictive Covenants
A recent decision of the Court of Appeal for Ontario reinforces the importance of carefully drafting restrictive covenants and considering what evidence is necessary to succeed on a summary judgment motion. The claim arose when individual employees left their employer to work for a competitor. The former employees were all subject to the same “non-competition”…
No Damages Awarded For Failure to Mitigate By Declining Job with Former Employer
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,…
Court of Appeal Upholds Termination of Employee for Driving Company Vehicle While Intoxicated
In Dziecielski v. Lighting Dimensions, the Court of Appeal for Ontario recently upheld an employer’s decision to terminate a long-service employee with an otherwise clean disciplinary record for driving a company vehicle while intoxicated. While driving, the employee had been involved in a car accident and was criminally charged. The lower court had examined the…
Hicks Morley Cited in Canadian Civil Liberties Association Rights Watch Blog
Hicks Morley’s FTR Now entitled “No Charter-Protected Right to Strike Says Saskatchewan Court of Appeal” was cited in the October 17, 2013 edition of Canadian Civil Liberties Association Rights Watch blog in an article entitled “Supreme Court of Canada to Decide on the Right to Strike“. Hicks Morley’s Paul Broad authored this FTR Now, which…