Hicks Morley and 55 Partners Recognized in the 2024 Canadian Legal Lexpert® Directory

Hicks Morley has once again been recognized in the Canadian Legal Lexpert® Directory. The firm ranked “Most Frequently Recommended” for labour relations in Toronto, “Consistently Recommended” for pensions and employee benefits in Toronto as well as labour relations in Ottawa, Kingston, Waterloo and London, and “Repeatedly Recommended” in the construction sector in Toronto.

Ontario Tables Bill Introducing Policy Requirements for Colleges and Universities

Bill 166, Strengthening Accountability and Student Supports Act, 2024 (Bill 166) was tabled by the Ontario Minister of Colleges and Universities (Minister) on February 26, 2024. If passed, Bill 166 will require every college of applied arts and technology (College) and publicly assisted university (University) to have a student mental health policy and a policy…

Ontario Court Finds Failure to Accept Comparable Position Constitutes Complete Failure to Mitigate

In Gannon v. Kinsdale Carriers, the Ontario Superior Court recently considered what constitutes “comparable employment” for the purpose of mitigation of reasonable notice damages. The plaintiff was employed by the defendant, a federally regulated trucking company, for 23 years. At the time of her termination from employment, the plaintiff held a role that included accounts…

Proposed Regulatory Amendments to Teacher Assignment and Proficiency in Mathematics

The Ontario government recently posted two regulatory amendments related to teacher assignments and proficiency in mathematics for comment. The first is the Proposed Regulatory Amendments to Teacher Assignments. Regulation 298 made under the Education Act mandates that principals must assign their teachers to the best possible program, in accordance with the teacher’s qualifications or as…

Employment Termination Clauses Under Scrutiny – The Latest Update

In Dufault v. The Corporation of the Township of Ignace, the Ontario Superior Court of Justice found the termination provisions of a fixed-term employment contract did not comply with the Employment Standards Act, 2000 (ESA) because, among other things, it permitted the employer to terminate the employee’s employment without cause in the employer’s “sole discretion”…

Federal Government Issues Guidelines on Monetary Penalties Under the Employment Equity Act

On February 13, 2024, Employment and Social Development Canada issued updated guidelines on the Employment Equity Act – Monetary Penalties – IPG-121 (Guidelines). The Guidelines apply to employers subject to the Legislated Employment Equity Program (LEEP) under the Employment Equity Act (Act). The LEEP applies to: The LEEP employers have reporting obligations under the Act….

Ontario Court of Appeal Upholds in Part Lower Court Finding That Bill 124 Is Unconstitutional; Bill to Be Repealed

On February 12, 2024, the Ontario Court of Appeal rendered its much-anticipated decision in Ontario English Catholic Teachers Association v. Ontario (Attorney General). A majority of the Court upheld in part the decision of the Ontario Superior Court of Justice (ONSC) which found that Bill 124, the Protecting a Sustainable Public Sector for Future Generations…

Majority of Ontario Appellate Court Finds Bill 124 Unconstitutional

On February 12, 2024 the Court of Appeal for Ontario issued its decision in Ontario English Catholic Teachers Association v. Ontario (Attorney General). A majority of the Court of Appeal upheld a lower court decision and found the Protecting a Sustainable Public Sector for Future Generations Act, 2019 (commonly referred to as Bill 124) to…

Eleanor Vaughan Quoted in Canadian HR Reporter Article About Recent Class Action Settlement

Canadian HR Reporter interviewed Hicks Morley’s Eleanor Vaughan for an article titled, “When small errors add up: Federal Court awards $817 million for class action benefits underpayment.” In light of the recent decision Manuge v. Canada, Eleanor notes how payment errors and other employment-related issues can open employers up to risk and how class action liability in those cases can be significant.