Court Holds Employer Vicariously Liable for the Privacy Breaches of Former Employee in Class Action Lawsuit

The law of vicarious liability is important to employers because it sets a framework to establish when employers will be liable for the misconduct of their employees. The principle was recently applied in Ari v. Insurance Corporation of British Columbia, where the British Columbia Supreme Court (the Court) found that the Insurance Corporation of British…

Artimes Ghahremani

Artimes’ practice involves providing strategic advice and representation to employers and management in both the private and public sectors on a wide range of labour, employment and human rights issues. This includes grievance arbitrations, collective bargaining, labour disputes, occupational health and safety, human rights and accommodation and employment standards.

Arbitrator Upholds Mandatory Vaccination Policy but Finds Enforcement Mechanisms (Suspension and Termination) Unreasonable

On August 26, 2022, Arbitrator Derek Rogers released Toronto Professional Fire Fighters’ Association, I.A.A.F. Local 3888 and City of Toronto in which he considered the reasonableness of the mandatory COVID-19 vaccination policy (Policy) of the City of Toronto (City). The Arbitrator found that the Policy itself was, and remains, reasonable. However, he found that the…

36 Lawyers Named to 2023 Best Lawyers® List

Congratulations to the 36 Hicks Morley lawyers who are recognized in the 2023 edition of The Best Lawyers in Canada™ in the areas of Labour and Employment Law, Employee Benefits Law, Corporate and Commercial Litigation, and Workers’ Compensation Law.

Court Finds ESA-Only Termination Clause Unenforceable Due To Wording of Conflict of Interest and Confidential Information Clauses

In Henderson v. Slavkin et al., the Ontario Superior Court of Justice found that a termination clause in an employment contract which limited entitlements upon termination to only the minimums required by the Employment Standards Act, 2000 (ESA) was unenforceable due to the wording of the provisions related to “confidential information” and “conflict of interest.”…

Ontario Reintroduces the Plan to Build Act (Budget Measures), 2022

On August 9, 2022, the Ontario government reintroduced the Plan to Build Act (Budget Measures), 2022 (Act) as Bill 2 for first reading. The government tabled its 2022 Budget, Ontario’s Plan to Build, and originally introduced the Act as Bill 126 on April 28, 2022. That same day, the Ontario Legislature rose, and on June…

Ministry Updates ESA Guide on Electronic Monitoring Policies

On July 13, 2022, the Ontario Ministry of Labour, Training and Skills Development (Ministry) updated its online guide to the Employment Standards Act, 2000 (Guide) to include a chapter on written policy on electronic monitoring of employees. The chapter provides guidance on recent Employment Standards Act, 2000 (ESA) amendments that require employers with 25 or…

Employers Take Note: Changes to the Infectious Disease Emergency Leave

Employers should be aware of imminent changes to an employee’s entitlements to the Infectious Disease Emergency Leave (IDEL), made under the Employment Standards Act, 2000 (ESA) in response to the COVID-19 pandemic. On July 21, 2022, the Ontario government announced that it is extending entitlement to the three days of paid IDEL (Paid IDEL) for…