The Ontario Superior Court of Justice recently upheld a cause termination where an employee was found to have installed spyware onto his employer’s computer. The Court also considered the availability of the “after-acquired cause” defence In Sankreacha v. Cameron J. and Beach Sales Ltd., the plaintiff’s employment as a service advisor in the automotive department…
Practice Area: Litigation
Appellate Court Allows Appeal of Stay in Uber Driver Class Action
The Ontario Court of Appeal has allowed an appeal of a lower court decision which had stayed a class action filed by the plaintiff (appellant) on behalf of his fellow class members, Uber drivers, against Uber and its affiliates. The lower court had ruled that an arbitration clause (Clause) embedded in the Services Agreement (Agreement)…
“ESA-Only” Termination Clause Complied with ESA but Failed to Rebut Presumption of Common Law Notice
The Divisional Court recently upheld a decision of the Superior Court of Justice which held that a termination clause in an employment contract which complied with the Employment Standards Act, 2000 (ESA) failed to clearly rebut the presumption of entitlement to common law notice. The plaintiff was therefore owed reasonable notice. In Movati Athletic (Group)…
Benefits Canada Publishes an Article by Thomas Agnew on Benefits Coverage for Medical Marijuana
Hicks Morley’s Thomas Agnew authored an article in Benefits Canada titled “Employer Obligations Around Medical Pot, Benefits Plans.” In a case from February 2017, the Nova Scotia Court of Appeal confirmed that an administrator of a benefits plan can choose what specific drugs and medications will be covered by a plan. In particular, it held that the exclusion of medical cannabis…
Potential Liability for Sexual Harassment in the Workplace
This is a time of increased vigilance for inappropriate or unlawful conduct in the workplace, including with respect to sexual harassment and sexual assault. Who can be potentially liable in these situations? Learn more in this Raising the Bar.
The Right to Disconnect and More: Final Federal Post of 2018
In this smartphone and email-intensive world, should there be a “right to disconnect”? In our final Federal Post of 2018, George Vuicic looks at this question, which was discussed in the federal government’s recent report on modernizing federal labour standards. Find out what’s happening on the legislative front. Kim Pepper reviews new legislation requiring the…
Hicks Morley Recognized as a Leading Firm by The Legal 500 Canada 2019
Hicks Morley has been recognized as a leader in the fields of Labour and Employment and Pensions law by The Legal 500 Canada 2019 guide. Clients describe Hicks Morley as “the most prominent employment boutique in the country.”…
Successfully defended an appeal of a summary judgement motion for unpaid invoices for a temporary staffing company.
Successfully defended an appeal of a summary judgement motion for unpaid invoices for a temporary staffing company.
Successfully defended a school board client in a WSIAT appeal involving entitlement to benefits for mild traumatic brain injury.
Successfully defended a school board client in a WSIAT appeal involving entitlement to benefits for mild traumatic brain injury.
Court Uses Expanded Fact-Finding Powers to Grant Summary Judgment in Departing Employee Case
The Ontario Superior Court of Justice recently considered the obligations of departing employees to their former employers with respect to fiduciary duty, confidential information and solicitation of former customers. In OIBC v. KO, Ms. Ko had worked with Overseas Insurance Brokers Corporation (OIBC or Plaintiff) for 23 years as an insurance broker. She gave her…