The decision has significant implications for employers that provide equity awards or other incentive plans. Employers should review their plans and award documents before the same drafting issue produces a similarly significant claim.
Practice Area: Litigation
Termination Clauses Back in Focus: What Employers Need to Know After Baker and Wayfair, Plus New Developments from Wigdor v. Facebook
The Ontario Court of Appeal’s recent decision in Baker v. Van Dolder’s Home Team Inc. and Li v. Wayfair Canada ULC, successfully argued by Hicks Morley, provides significant guidance on the enforceability of employment contract termination provisions. This complementary webinar, delivered by the lawyers directly involved in this decision, will cover what employers need to know.
Courtney March
Courtney has developed particular expertise in representing clients in matters involving historical abuse claims as well as safe sport. These evolving areas of practice require a thoughtful and nuanced approach, balancing legal risk management with trauma-informed advocacy, regulatory obligations, and reputational considerations.
Unwritten Practices, Selective Discipline, and the Cost of Bad Faith
Wilsher v. Olympic Wholesale highlights the risks for employers of relying on unwritten practices, enforcing workplace rules inconsistently, and engaging in bad faith conduct during the dismissal process.
Ontario Superior Court Awards Damages for Equity Incentive Compensation Vesting After Notice Period
In Khatib v. GoEasy Ltd, 2026 ONSC 3513, the SCJ (Ont.) awarded a terminated executive damages on a pro rata basis, in respect of equity awards that would not have vested within the reasonable notice period.
Separate Agreements, Separate Forums: When Equity Disputes Escape the Employment Arbitration Clause
How employment and equity arrangements are structured and interpreted remains a focus for Ontario courts. Hicks Morley’s Avleen Banwait examines a key distinction for employers to consider when drafting relevant provisions: equity-based claims may fall outside the scope of an employment arbitration clause where separate agreements and forums are at play.
Matthew Healey
Matthew brings a pragmatic and solutions-oriented practice approach to labour and employment matters, honed by his practical experience as a labour and employee relations professional for public and private organizations.
Stephen Warner
Stephen provides advice and representation to employers in both the public and private sectors on a range of labour, employment and human rights issues. This includes grievance arbitrations, employment litigation, collective bargaining, employment standards, and workplace accommodation
Ontario Court of Appeal Confirms No Charter Right to Deceptive Workplace Access
In Animal Justice v. Ontario (Attorney General), 2026 ONCA 380, the Court of Appeal for Ontario unanimously reversed the lower court and upheld the constitutionality of the Security from Trespass and Protecting Food Safety Act, 2020 (Act) and its regulation, General, O. Reg. 701/20 (Regulation).
Jessica DeForest
Jessica is a labour and employment lawyer practicing out of Hicks Morley’s Waterloo office. She advises employers on various matters related to litigation, employment law and human rights.