In an important decision regarding the law of contractual interpretation, Shewchuk v. Blackmont Capital Inc., the Ontario Court of Appeal considered when the subsequent conduct of parties can be considered in interpreting a contract made between those parties…
Practice Area: Employment Law
Changes Proposed to Ontario’s Fire Interest Arbitration Framework
At long last, Ontario is changing several rules governing collective bargaining in the fire sector. But will these changes go far enough to address and alleviate the frustrations municipalities face when they engage in interest arbitration? Find out in this FTR Now…
Two Hicks Morley Lawyers Listed in Who’s Who Legal Canada: Labour & Employment 2016
Hicks Morley is pleased to announce that two of our lawyers have been recognized as among the Canada’s leading practitioners in the Who’s Who Legal: Labour, Employment 2016 guide…
Protecting Students Act Passes Third Reading
On November 15, 2016, Bill 37, Protecting Students Act, 2016, passed Third Reading…
When are Commissions Required to be Paid?
Carefully drafted commission plans can limit an employer’s liability for commission payments to terminated or laid-off employees. Other than a regulation that prescribes set reconciliation periods and minimum wages for commissioned automobile salespeople (see section 28 of O. Reg. 285/01), the Employment Standards Act, 2000 (Act) says very little about commissions. The Act does treat…
Regulation Filed for Personal Emergency Leave in Auto Sector
On November 21, 2016, the Ontario government filed O. Reg. 370/16, amending O. Reg. 502/06 (Terms and Conditions of Employment in Defined Industries – Automobile Manufacturing, Automobile Parts Manufacturing, Automobile Parts Warehousing and Automobile Marshalling) made under the Employment Standards Act, 2000 (ESA). O. Reg. 370/16 adds section 4, “personal emergency leave,” to O. Reg. 502/06…
Don’t Rush to Summary Judgment!
The Court of Appeal has overturned a decision by a motion judge which allowed the plaintiffs’ wrongful dismissal actions to be decided by way of summary judgment motion. In Singh v. Concept Plastics Limited, the two plaintiffs were long-term former employees of Concept Plastics. Both brought motions to resolve their actions by way of summary…
Lexpert® Names Greg Power one of its “Rising Stars” of 2016
Hicks Morley is pleased to announce that Greg Power has been named one of Lexpert’s 2016 Rising Stars: Leading Lawyers Under 40. Lexpert recognizes Greg as a “problem-solver” and acknowledges his outstanding work for employers across the country…
The Holiday Party: A Checklist for Employers
With seasonal festivities and holidays just around the corner, it’s that time of year again to consider the proactive steps employers can take to ensure the health and safety of employees who attend office parties or other celebrations…
Can Americans Who Work for Ontario Companies in the United States Opt into Ontario’s Minimum Standards?
A recent decision of the Ontario Labour Relations Board considered whether the Ministry of Labour and the Board can enforce an employment contract with an Ontario “choice of law” provision and references to the Employment Standards Act, 2000, where the work under the contract was performed mostly outside Ontario…