Practice Area: Employment Law

Separate Agreements, Separate Forums: When Equity Disputes Escape the Employment Arbitration Clause

· 5 min read

How employment and equity arrangements are structured and interpreted remains a focus for Ontario courts. Hicks Morley’s Avleen Banwait examines a key distinction for employers to consider when drafting relevant provisions: equity-based claims may fall outside the scope of an employment arbitration clause where separate agreements and forums are at play.

Matthew Healey

Matthew brings a pragmatic and solutions-oriented practice approach to labour and employment matters, honed by his practical experience as a labour and employee relations professional for public and private organizations.

Stephen Warner

Stephen provides advice and representation to employers in both the public and private sectors on a range of labour, employment and human rights issues. This includes grievance arbitrations, employment litigation, collective bargaining, employment standards, and workplace accommodation

Ontario Court of Appeal Confirms No Charter Right to Deceptive Workplace Access

· 5 min read

In Animal Justice v. Ontario (Attorney General), 2026 ONCA 380, the Court of Appeal for Ontario unanimously reversed the lower court and upheld the constitutionality of the Security from Trespass and Protecting Food Safety Act, 2020 (Act) and its regulation, General, O. Reg. 701/20 (Regulation).

Past Conduct, Present Cause: Ontario Court Upholds After-Acquired Cause in Birnbaum v. Dr. Chan

· 3 min read

What happens when an employer discovers serious misconduct only after terminating an employee without cause? In Birnbaum v. Dr. Chan, the Ontario Superior Court confirmed that employees are not insulated from the consequences of serious misconduct committed before termination simply because it was discovered afterwards.