On August 21, 2024, the Ontario government launched consultations on the new Part III.1 (Job Postings) of the Employment Standards Act, 2000 (ESA). This section was passed under Bill 149, Working for Workers Four Act, 2024, with further proposed amendments introduced in Bill 190, Working for Workers Five Act, 2024. While not yet in force,…
Practice Area: Employment Law
44 Hicks Morley Partners Recognized as Best Lawyers® Award Recipients
We are pleased to announce that 44 Hicks Morley partners have been included in the 2025 edition of The Best Lawyers in Canada™ in the areas of Labour and Employment Law, Employee Benefits Law, Corporate and Commercial Litigation, Education Law and Workers’ Compensation Law.
City of Greater Sudbury Exercised Due Diligence in Construction Site Fatality As Appeal Dismissed by Ontario Superior Court of Justice
A long-awaited decision from the Ontario Superior Court of Justice (SCJ) was released on August 23, 2024, dismissing an appeal by the Crown who challenged the trial judge’s finding that the City of Greater Sudbury exercised due diligence in a workplace fatality. This decision is significant for construction project owners and general contractors, as it…
Ontario Court Concludes Bank Employee’s Misconduct Amounted to Just Cause for Termination
On July 23, 2024, the Ontario Superior Court of Justice released its decision in Arora v ICICI Bank of Canada, a wrongful dismissal claim filed by a former employee of ICICI Bank of Canada (Bank) terminated for cause. The Court dismissed the case, finding that the plaintiff’s conduct breached his duties of loyalty and good…
Ontario Court Orders Defence Medical Examination of Terminated Employee Alleging Inability to Mitigate
In Marshall v Mercantile Exchange Corporation, the Ontario Superior Court of Justice granted an employer’s motion for a defence medical examination of a former employee who claimed an inability to mitigate their damages due to a mental health condition. This decision makes clear that in appropriate cases, a defendant in a wrongful dismissal lawsuit will…
We Welcome Knowledge Management Lawyer Owais Hashmi to Hicks Morley
Hicks Morley is pleased to announce that Owais Hashmi has joined the firm as a knowledge management lawyer in our Toronto office. In this role, Owais will work alongside our client services team to enhance client experiences by leveraging the firm’s legal technology and strategic insights to improve the efficiency and delivery of our legal services.
Owais Hashmi
Owais specializes in leveraging knowledge management tools to enhance client experiences and optimize legal service delivery. Through his diligent monitoring of current and emerging legal trends, he bolsters the firm’s subject-matter expertise in Canadian labour and employment law, benefiting both lawyers and clients alike.
Ontario Court Approves Modest $62,000 Settlement in Employee Misclassification Class Action
In Morris v. Solar Brokers Canada Corp., the Ontario Superior Court of Justice approved a negotiated settlement of $62,000 in a class action arising from the alleged misclassification of individuals as independent contractors. The Court also approved class counsel fees in the amount of $20,000, leaving $42,000 to be distributed amongst the class. As a…
Becoming a Program Signatory to the SDRCC/OSIC
Introduction Safe sport has become an important and highly publicized issue, and sport organizations across Canada must determine how to administer their safe sport complaint and discipline management processes. While federally funded sport organizations are required to adopt the Universal Code of Conduct to Prevent and Address Maltreatment in Sport (UCCMS) and become signatories, sport…
COVID-19 Tests Are Not Genetic Tests for the Purpose of the Canada Labour Code
A recent decision of the Canada Industrial Relations Board (Board) affirms that COVID-19 tests are not considered genetic tests under the genetic testing provisions of the Canada Labour Code (Code), and that, depending on the circumstances, the issue is likely one that is appropriately dealt with under a collective agreement rather than a complaint to…