In this latest edition of Common Ground? Class Action Updates, we discuss two recent decisions of interest to employers. The first is a certification order relating to a systemic claim of negligence within a workplace. The second considers a plausible methodology to measure compensable loss. Federal Court Certifies Class Action Brought by Current and Former…
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The Institute of Law Clerks of Ontario (ILCO) 30th Annual Conference: Refocus. Reconnect. Recharge.
In “The Process of Litigating Human Rights Applications in Ontario and Across the Country,” Amy Tibble will speak about the process of litigating human rights applications with a review of procedural steps, evidentiary steps, preservation of information and more.
Systemic Discrimination: Prevention and Response
Systemic discrimination can manifest in any organization through seemingly disparate events arising from invisible yet ubiquitous biases. There are an increasing number of instances where employers and service providers are found to have engaged in a discriminatory practice against a broad collection of individuals on the basis of a protected ground.
The Canadian Association of Black Lawyers (CABL) Annual Conference: Post-Pandemic Return to Work – What Should We Think About?
What does the case law have to say about employees returning to “in-person work”? How does the lifting of provincial mandates affect an employer’s obligation to accommodate? Can employers mandate vaccination? What are the human rights implications?
COVID-19 and WSIB Claim Costs
Public Health Ontario publishes weekly epidemiological summaries regarding COVID-19 in Ontario. The most recent report, published October 7, 2022, noted a gradual increase in case trends and percent positivity over the past three weeks. Current projections suggest that weekly case numbers may continue to rise over the coming weeks. Given forecasted increases, here is a…
Ontario Council of Administrators of Special Education (OCASE) Virtual Symposium: The Legal Corner
Lauri Reesor and Sean Reginio will be providing a legal update on conflicting legal obligations involving student violent behaviour and the use of exclusions, documentation obligations and challenges, as well as a case law update.
Update on the Incoming Paid Medical Leave Under the Canada Labour Code
Federally regulated employers should be aware that amendments to the medical leave provisions of the Canada Labour Code are set to come into force on or before December 1, 2022. As set out below, we have clarified with Employment and Social Development Canada that these provisions will apply to all federally regulated employers, not just…
Human Rights Tribunal of Ontario Determines It Has Concurrent Jurisdiction with Labour Arbitrators to Decide Human Rights Claims
The Human Rights Tribunal of Ontario (Tribunal) has determined that it has concurrent jurisdiction to decide claims of discrimination and harassment falling within the scope of a collective agreement governed by the Labour Relations Act (LRA) and the Police Services Act (PSA). The decision addresses a significant question of law arising from the 2021 decision…
We Welcome Associate Nigel McKechnie to Hicks Morley
Hicks Morley is pleased to announce that Nigel McKechnie has joined the firm as an associate in our Ottawa office.
Employers Take Note: Employees Entitled to Paid Time Off to Vote in Upcoming Municipal Election
Ontario-wide municipal elections will be held on Monday, October 24, 2022, and voting hours will run from 10:00 a.m. to 8:00 p.m. Employers should be aware that under the Municipal Elections Act, 1996 (Act), all employees who are eligible to vote in the election are entitled to three consecutive hours during voting hours on election day to cast their…