Practice Area: Litigation

Gabrielle A. Lemoine

Gabrielle Lemoine is a labour and employment lawyer in Hicks Morley’s Toronto office. She provides collaborative strategic advice and representation to employers and management in both the private and public sectors on a wide range of labour and employment issues. Gabrielle regularly advises on workplace accommodation, attendance management, employment standards, workplace drug and alcohol testing, wrongful dismissal, constructive dismissal and Charter issues.

Danika L. Winkel

Danika represents a broad range of public- and private-sector employers—both small and large—in trials, hearings, motions, applications, judicial reviews and appeals. In addition to that work, she provides proactive, day-to-day advice to help employers avoid litigation.

Ontario Moves Forward with Amendments to the Class Proceedings Act, 1992

· 2 min read

Recent reforms to Ontario’s class action regime will come into effect on October 1, 2020. Ontario’s Smarter and Stronger Justice Act, 2020 (Act), which received Royal Assent on July 8, 2020, amends various statutes related to the province’s courts and justice system. Schedule 4 of the Act makes significant revisions to the Class Proceedings Act,…

Eleanor A. Vaughan

Eleanor has significant experience representing clients in complex and high-profile litigation matters including employment disputes, class actions, labour injunctions, appeals and arbitrations. She regularly advises employers navigating sensitive workplace issues including executive terminations, workplace investigations, restrictive covenant enforcement and wrongful dismissal claims.

Supreme Court of Canada Dismisses Uber Appeal – Proposed Class Action Can Now Proceed in Ontario Courts

· 10 min read

On June 26, 2020, the Supreme Court of Canada released Uber Technologies Inc. v. Heller and dismissed an appeal of the Ontario Court of Appeal’s decision which held that the arbitration clause in Uber’s standard form services agreement (Agreement) was invalid both because it was unconscionable and because it contracted out of mandatory provisions of the Employment Standards Act, 2000 (ESA). We previously reported on the Court of Appeal decision.

Appellate Court Strikes Pleading for Failure to Comply with Production Obligations

· 3 min read

The Ontario Court of Appeal has upheld the decision of a motion judge to strike out a statement of defence as a remedy for repeated failures to comply with judicial orders to produce requested relevant documents. In Falcon Lumber Limited v. 2480375 Ontario Inc. (GN Mouldings and Doors), the Court articulates the core principles and…

Access To and Use of PPE Governed by CMOH Directive 5: An Inherent Balancing Act Confirmed by Arbitrator Stout

· 8 min read

In an award dated May 4, 2020, Arbitrator Stout addressed, among other things, critical aspects of the CMOH’s Directives respecting access to and use of personal protective equipment (PPE). In this HR HealthCheck, we provide an overview of this significant award (Award), a decision of notable impact to health care providers and health care workers alike, in both the Hospital and Long-Term Care sectors.