Hicks Morley’s George Vuicic was quoted in the February 2015 edition of Canadian Lawyer InHouse in an article entitled, “Court releases ‘game-changing’ decision on federally regulated employees.” This article discusses the Federal Court of Appeal’s decision in Wilson v. Atomic Energy of Canada Ltd. where it held that federally regulated employers may dismiss employees without…
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Court of Appeal for Ontario Finds Restrictive Covenants Unreasonable and Unenforceable
In Martin v. ConCreate USL Limited Partnership, a decision released yesterday, the Court of Appeal for Ontario determined that the restrictive covenants included in sale of business agreements were unenforceable. Among other things, the Court found that the duration for the covenants was unreasonable because it was “for an indeterminate period, and there is no fixed,…
Important Direction on Restrictive Covenants from the Court of Appeal for Ontario
Restrictive covenants in an employment context are intended to control an individual’s competition and conduct in relation to her employer’s business after the employment relationship ends. These covenants will only be upheld by the courts if they are reasonable as between the parties and reasonable in light of the broader public interest in discouraging restraints…
Carrigan v. Carrigan Estate Update: Ontario Pension Regulator Supports Common-Law Spouse’s Appeal
As first discussed in our FTR Now of November 7, 2012 “Ontario Court of Appeal Decision Rewrites the Pension Pre-Retirement Death Benefit Regime“, the decision in Carrigan v. Carrigan Estate fundamentally altered the interpretation of spousal rights and priorities relating to payment of pre-retirement death benefits. The Court of Appeal awarded the pre-retirement death benefit payable under…
Proportionate Approach Necessary to Determine Whether Just Cause Exists
The Court of Appeal for Ontario recently confirmed that a proportionate approach must be taken in determining whether a single incident of misconduct by a long-serving employee with a relatively unblemished work record should result in dismissal for cause. In Plester v. PolyOne Canada, the plaintiff failed to lock out a machine prior to working…
Rachel Arbour Interviewed by the Canadian Bar Association’s National TV
Hicks Morley’s Rachel Arbour was recently interviewed by the Canadian Bar Association’s National TV. In the interview, Rachel answers questions regarding the Indalex ruling and explains what it means to companies that sponsor and administer defined benefit pension plans. Watch the interview. Read our FTR Now which summarizes the Supreme Court’s decision in Indalex.
Ministry of Labour to Target Health Care Workplaces for Safety Inspections
The Ministry of Labour (“MOL”) has announced a safety blitz targeting health care workplaces in the months of February and March. MOL inspectors will conduct inspections to check on issues related to workplace violence and harassment. In this FTR Now, we review some steps you can take to ensure your workplace is compliant with its…
Ministry of Labour to Target Industrial/Construction Workplaces for Safety Inspections
The Ministry of Labour (“MOL”) has announced a safety blitz in the months of February and March which will target industrial and construction workplaces. MOL inspectors will conduct inspections relating to slip, trip and fall hazards. In this FTR Now, we review some steps you can take to ensure your workplace is compliant with its…
Putting Students First Act, 2012 Repealed
On January 23, 2013, section 20 of the Putting Students First Act, 2012 (“Act”) was proclaimed into force. The effect of proclaiming section 20 into force is that the Act (formerly known as Bill 115) has been repealed.
Regulatory Amendment Filed under Putting Students First Act
On January 21, 2013, the Ontario government filed O. Reg. 12/13, amending O. Reg. 2/13, General, made under the Putting Students First Act, 2012 (“Act”). Among other things, O. Reg. 12/13: revokes paragraph 6 of subsection 2(2) of O. Reg. 2/13 (gratuity wind-up for sick leave credit gratuity in certain circumstances) and provides for determining…