On September 21, 2021, the Ontario Divisional Court issued Ontario Nurses’ Association v. 10 Community Care Access Centres, an important decision on pay equity maintenance. The Court confirmed that a union, in the context of seeking a joint process with an employer to maintain pay equity, does not have a right to negotiate the maintenance…
Practice Area: Employment Law
Court Upholds CMOH Directives #1 and #5 as Reasonable and Consistent with the Precautionary Principle
In Ontario Nurses’ Assn. v. Chief Medical Officer of Health (Ontario), the Ontario Divisional Court upheld Directives #1 and #5 (Directives) of the Chief Medical Officer of Health (CMOH) as reasonable and consistent with the precautionary principle. The Court dismissed an application brought by the Ontario Nurses’ Association (ONA), and others, to amend or quash…
Court Confirms Mitigation Efforts Do Not Extend Limitation Period
In Andrew Scott v. Community Living Temiskaming South, 2021 ONSC 5402, Justice Koke confirmed the importance of bringing employment-related legal claims to the right forum and confirmed that, in the context of claims for constructive dismissal, remaining with your employer to mitigate your damages will not extend the two year limitations period for commencing an…
Ontario Seeks Input Regarding the Establishment of Minimum Standards for School Board Trustee Codes of Conduct
On September 17, 2021, the Ontario government announced that it is seeking input from stakeholders and members of the public regarding the establishment of “minimum standards” for school board trustee codes of conduct. The deadline for submissions is November 1, 2021. Section 218.2(1) of Ontario’s Education Act currently provides that a school board “may adopt…
We Welcome Six New Associates to the Firm
Hicks Morley is pleased to announce that six new associates have joined the firm in our Ottawa, Toronto and Waterloo offices. Shauna Bartlett is joining our colleagues and continuing her labour and employment practice in Hicks Morley’s Ottawa office. Shauna received her Juris Doctor from Queen’s University, where she was the recipient of the Queen’s…
Ontario Announces Further Extension of Temporary Relief from ESA Termination and Severance Provisions
Effective September 16, 2021, the Ontario government has extended the temporary relief measures from the termination and severance provisions of the Employment Standards Act, 2000 (ESA) until January 1, 2022. The temporary measures are found in Ontario Regulation 228/20, Infectious Disease Emergency Leave (IDEL Regulation), which has been amended to define the “COVID-19 period” as…
Court Distinguishes Waksdale in Case Where Employer and Employee had Equal Bargaining Power in Negotiating Contract
In Rahman v Cannon Design Architecture Inc., a recent decision of the Ontario Superior Court of Justice, the Court distinguished the Ontario Court of Appeal’s landmark decision in Waksdale v Swegon North America, finding that on the facts of the case a provision which denied entitlements upon termination for just cause did not amount to…
Victoria McCorkindale
Victoria provides advice and representation to employers in both the private and public sectors on a range of labour, employment and privacy issues including wrongful dismissal actions, employment standards, labour disputes and grievance arbitrations.
Shauna Bartlett
Shauna Bartlett provides advice and representation to employers and management in both the public and private sectors on a wide range of labour, employment and human rights issues arising from the workplace. This includes wrongful dismissal actions, collective bargaining, labour disputes, grievance arbitrations, occupational health and safety, human rights and accommodation and employment standards.
Kayley C. Leon
Kayley Leon emphasizes a forward-thinking strategic approach to law which balances legal considerations with practical, business and other non-legal concerns. She is licensed to practise law in Ontario, as well as in the State of California. As a dual-licensed lawyer with experiences in both the United States and Canada, Kayley assists U.S. employers entering the Canadian regulatory landscape.