Successfully defended a school board client in a WSIAT appeal involving entitlement to benefits for mild traumatic brain injury.
Practice Area: Litigation
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…
Successfully resolved litigation before the Ontario Labour Relations Board on behalf of a social services client.
Successfully resolved litigation before the Ontario Labour Relations Board on behalf of a social services client.
Ongoing representation to private, public, and municipal sector in disability benefits/accommodation litigation.
Ongoing representation to private, public, and municipal sector in disability benefits/accommodation litigation.
Appellate Court Considers “Appropriate Means” Test, Rejects Extension of Limitation Period
The Ontario Court of Appeal recently interpreted the “appropriate means” element of the test for discoverability under the Limitations Act, 2002 (s. 5(1)(a)(iv)) in Nasr Hospitality Services Inc. v Intact Insurance, a matter concerning a claim under a commercial insurance policy. In this case, the insured promptly reported to the insurer and made a claim…
Recent ESA Cases of Note
In a significant decision rendered on September 19, 2018, Wood v. CTS of Canada Co., the Ontario Court of Appeal considered the Form 1, which is required under the Employment Standards Act, 2000 (ESA) to be posted and filed in cases of mass termination.
Court of Appeal Upholds Cause Dismissal for Breach of Fiduciary Duty
In the case of Dunsmuir v. Royal Group, Inc., the Ontario Court of Appeal recently upheld the cause termination of a Senior Vice-President and Chief Financial Officer of a publicly-traded company for breach of fiduciary duty. The employee had commenced a claim against the employer for wrongful dismissal and sought approximately $6.6 million in damages….
Chambers Canada 2019 Guide Recognizes Hicks Morley for Employment and Labour, Pensions and Benefits, and Privacy and Data Protection
Hicks Morley has been recognized in Chambers Canada 2019 Guide for Employment & Labour – Nationwide and Ontario, and Pensions & Benefits – Nationwide. The firm receives praise from clients for giving “sound advice and explaining things in a business-friendly way,” as well as for its “very strong bench” as well as its “technical expertise and promptness.”
Congratulations to our lawyers who have been recognized as notable practitioners in Chambers Canada 2019.
Appellate Court Finds Employer a Derivative Federal Undertaking, Overturns OLRB Decision
A recent decision of the Ontario Divisional Court, Ramkey v. Labourers International Union of North America et al, has provided employers performing work in support of federally regulated undertakings welcome clarity with respect to their status. The Court found that an employer (Ramkey) which provided construction technicians to work on telecommunications networks owned by telecommunications…
Amanda P. Cohen
Amanda provides advice and representation to employers and management in both the private and public sectors on a wide range of labour, employment and human rights issues including grievance arbitrations, collective bargaining, labour disputes, occupational health and safety, human rights and accommodation, and employment standards.