2311 Results

Appellate Court Considers Contractual Rights Upon Termination

The Court of Appeal recently considered the issue of an employee’s contractual rights versus his common law rights upon the termination of his employment. In Mikelsteins v. Morrison Hershfield Limited, the defendant employer appealed a partial summary judgment that had awarded the plaintiff, a former employee, an increased value for shares that had been bought…

Benefits Canada Publishes an Article by Thomas Agnew on Constructive Dismissal and the Duty to Mitigate Damages

Hicks Morley’s Thomas Agnew authored an article in Benefits Canada titled “Constructive Dismissal and the Corresponding Duty to Mitigate Damages.” In a recent case, the Ontario Superior Court found an employee failed to mitigate damages when he refused a return-to-work offer from his employer, with whom he had a good working relationship. This case serves as an important…

Diversity Disclosure Requirements under CBCA in force January 1, 2020

As previously reported, Bill C-25, An Act to amend the Canada Business Corporations Act, the Canada Cooperatives Act, the Canada Not-for-profit Corporations Act, and the Competition Act received Royal Assent on May 1, 2018 and will, among other things, impose new obligations on corporations incorporated under the Canada Business Corporations Act (CBCA) with the goal…

“Non-Construction” Employer Deeming Provision under LRA Now in Force

On April 3, 2019, Bill 66, Restoring Ontario’s Competitiveness Act, 2019, received Royal Assent. Among other things, the Bill amends the Labour Relations Act, 1995 (LRA) to deem certain public sector entities as “non-construction” employers to whom the construction provisions of the LRA will not apply. Such entities include municipalities, local housing corporations, social services…

Gender Identity and Gender Expression

Gender identity and gender expression are protected grounds under Ontario’s Human Rights Code (Code). While the law in this area is highly dynamic, this Client Toolkit provides employers with guidelines and best practices for understanding its unique aspects, supporting trans people in the workplace, and ensuring compliance with the Code.