In Bakshi v. Global Credit & Collection Inc., the Court of Appeal dismissed an appeal of a decision of the Ontario Superior Court which had upheld the non-payment of commissions after lay-off on transactions that occurred prior to lay-off…
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New PHIPA Regulation Sets Out Circumstances in Which Health Information Custodians Must Notify Privacy Commissioner
On June 29, 2017, the Ontario government filed O. Reg. 224/17 amending O. Reg. 329/04 (General) made under the Personal Health Information Protection Act, 2004 (Act). The Act was amended in 2016 by the Health Information Protection Act, 2016…
New and Longer EI Benefits are Coming
Much anticipated legislative reforms to the Employment Insurance (EI) regime in Canada will extend parental and maternity EI benefits and expand access to critically ill children benefits. Find out what the changes could mean for your organization in this FTR Now…
Appellate Court: Term “Probation” in Employment Contract Has A Clear Legal Meaning
The Ontario Court of Appeal recently confirmed that the term “probation” in an employment contract has a clear legal meaning. It upheld the termination of an employee during a six-month probationary period, who had been dismissed with payment of his applicable entitlements under the Employment Standards Act, 2000 (ESA). Common law has long recognized a…
Supreme Court of Canada Grants Worldwide Injunction Against Google
On June 28, 2017, a majority of the Supreme Court of Canada granted a worldwide interlocutory injunction against Google, requiring it to de-index websites of a distributor, Datalink. Datalink was using those websites to illegally sell intellectual property of another company and was also in breach of several court orders. The decision indicates that Canadian…
Court Disapproves of Employee’s Surreptitious Recordings of Meetings with Employer
In Hart v Parrish & Heimbecker, a trial judge recently upheld the dismissal of a 42-year old Merchandising Manager (Plaintiff) with 15 of years service, for a series of separate incidents that he had with peers and subordinates. The Plaintiff had engaged in inappropriate conduct which included repeatedly yelling at employees, displaying excessive anger and…
FTR Quarterly – Issue 6
In This Issue Gender Identity and Gender Expression: Best Practices for Employers and Service Providers FTRQ&A – Bill C-45, the Cannabis Act Quick Hit – Changing Workplaces Review: A Bill 148 Timeline The Dos & Don’ts of Employment Reference Letters: Best Practices for Employers Featured Lawyer – Simon Mortimer Featured Group – Pay Equity Featured Articles…
Expert Guides Best of the Best 2017 Recognizes Two Hicks Morley Lawyers
Best of the Best, the international legal market’s leading guide to the top legal practitioners, has recognized two Hicks Morley lawyers in its Expert Guides 2017 directory for the practice area of Labour and Employment law. Congratulations to Stephen Shamie and John Brooks on this recognition!
Bill 148: Public Hearing Dates Announced
On June 22, 2017, the Standing Committee on Finance and Economic Affairs (Committee) met to adopt procedural recommendations from its subcommittee with respect to the public hearings for Bill 148. Employers wishing to participate in these hearings should take note of the following information…
The Six-Minute Labour Lawyer 2017
Description Another busy year has brought significant provincial and federal arbitration, labour board, and court cases. If you’ve missed any of the analysis, then you can’t afford to miss our annual update. Arbitrators, labour board adjudicators, union counsel, and management lawyers form the backbone of our panel, providing you with valuable commentary on a wide…