Regularly represents municipal clients in various litigation matters.
Practice Area: Litigation
Supreme Court of Canada Dismisses Uber Appeal – Proposed Class Action Can Now Proceed in Ontario Courts
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
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
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.
Hicks Morley Office Changes as of March 16, 2020
Hicks Morley continues to monitor changes to the COVID-19 situation. Our priority has been and continues to be our firm members, our clients and the community. We are making efforts to do our part to reduce the risk and effective immediately, we will continue to have lawyers and staff onsite but most of our lawyers…
Hicks Morley’s Response to COVID-19
All of our offices are presently open for business. As recognized leaders in the areas of employment and labour law, Hicks Morley is well-positioned to assist you in your compliance obligations, developing contingency plans and managing the health and safety of your workforce. We have developed a dedicated webpage as a resource regarding the Coronavirus (COVID-19) to assist employers in navigating the potential impact this pandemic may have on your workplace.
Lesley A. Campbell
Lesley Campbell provides practical advice and representation to employers and management in both the private and public sectors on a wide range of employment, human rights, and labour issues such as wrongful dismissals, claims of discrimination and harassment, and grievances.
Jennifer J. Querney
Jennifer provides advice and representation to employers and management in both the private and public sector on labour, employment and human rights issues.
COVID-19 and Workplace Preparedness
Health officials in Canada have stated that the risk of contracting COVID-19 remains very low. That said, in recent weeks the virus has been top of mind for many, including employers. In this FTR Now, we discuss workplace pandemic planning and operational issues employers should be anticipating in the unlikely event of an outbreak.
Federal Government Clarifies Scheduling Requirements for On-Call Employees, Seeks Submissions on Hours of Work Requirements
The federal Labour Program has been holding consultations on the scheduling and hours of work provisions in the Canada Labour Code (Code) that came into force on September 1, 2019. The first round of consultations took place in the fall of 2019.