The Ontario Court of Appeal has issued a significant decision that brings much-needed clarity to the interpretation of employment contracts and the enforceability of termination provisions under the Employment Standards Act, 2000.
Practice Area: Employment Law
Cleaner Reinstated Following Threat to Kill Supervisor
In Servantage Services Corporation v Unifor Local 3000, Arbitrator Rogers reinstated a cleaner dismissed for making a death threat, emphasizing the importance of proportionality and rehabilitative potential in disciplinary decisions.
BC Court of Appeal Upholds Fixed-Term Employment Commitment in Business Acquisition
BCCA decision confirms agreements arising from single transaction will be read harmoniously to give effect to parties’ overall bargain.
Courtney March
Courtney has developed particular expertise in representing clients in matters involving historical abuse claims as well as safe sport. These evolving areas of practice require a thoughtful and nuanced approach, balancing legal risk management with trauma-informed advocacy, regulatory obligations, and reputational considerations.
Unwritten Practices, Selective Discipline, and the Cost of Bad Faith
Wilsher v. Olympic Wholesale highlights the risks for employers of relying on unwritten practices, enforcing workplace rules inconsistently, and engaging in bad faith conduct during the dismissal process.
Ontario Superior Court Awards Damages for Equity Incentive Compensation Vesting After Notice Period
In Khatib v. GoEasy Ltd, 2026 ONSC 3513, the SCJ (Ont.) awarded a terminated executive damages on a pro rata basis, in respect of equity awards that would not have vested within the reasonable notice period.
Separate Agreements, Separate Forums: When Equity Disputes Escape the Employment Arbitration Clause
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
Canada Tables Bill C-36, the Protecting Privacy and Consumer Data Act
In our latest FTR Now Hicks Morley’s Victoria McCorkindale outlines significant changes for private sector organizations proposed in Bill C-36, the Protecting Privacy and Consumer Data Act.