Practice Area: Litigation

Bad Faith Damages – How Employers Can Avoid and Defend These Claims

In this session, we will discuss what constitutes bad faith in the employment context and how it applies to different phases of the employment relationship. We will address employer conduct leading up to termination, at the time of termination, during the post-termination period and during litigation—each of which can have an effect on an award for bad faith damages.

Sweeping Reforms Proposed to Ontario Rules of Civil Procedure

· 3 min read

The Ontario Civil Rules Review (“CRR”) Working Group has released its much-anticipated Phase 2 Report, proposing broad reforms to the civil justice system in Ontario. The CRR was launched in January 2024 with a mandate to identify ways in which civil court proceedings could be made more efficient, affordable, and accessible.

Federal Court Dismisses $2.5 Billion Class Action Alleging Systemic Anti-Black Racism in Federal Public Service Hiring Decisions and Promotional Opportunities

· 4 min read

The Federal Court of Canada determined a class action that sought to address alleged systemic anti-Black racism and discrimination simply did not meet the procedural criteria to certify the action as a class proceeding. In this Common Ground, Hicks Morley’s Sean Reginio and Eleanor Vaughan examine the Court’s analysis.

B.C. Supreme Court Imposes Costs on Workers’ Compensation Appeal Tribunal for Procedural Fairness Breaches, Deviating from the “Traditional Immunity” Enjoyed by Decision-Makers

· 5 min read

A recent ruling underscores the importance of procedural fairness in administrative tribunal proceedings, especially when dealing with vulnerable applicants. In this Case in Point, Mariana Kamenetsky reviews the case, the court’s analysis and the decision. https://