In Curtis v. Medcan Health Management Inc., Justice Perell of the Ontario Superior Court reined in the scope of the plaintiffs’ proposed discovery plan and constrained the scope of the certified common issues in an ongoing employment class action. This class action relates to an allegation of unpaid vacation and public holiday pay. As we…
Practice Area: Litigation
Eleanor Vaughan Quoted in Canadian HR Reporter Article About Recent Class Action Settlement
Canadian HR Reporter interviewed Hicks Morley’s Eleanor Vaughan for an article titled, “When small errors add up: Federal Court awards $817 million for class action benefits underpayment.” In light of the recent decision Manuge v. Canada, Eleanor notes how payment errors and other employment-related issues can open employers up to risk and how class action liability in those cases can be significant.
Successfully represented a national long-term care facility in upholding a for-cause termination at trial.
Successfully represented a national long-term care facility in upholding a for-cause termination at trial.
Successfully represented a large hospital association as an intervenor at the Court of Appeal defending mandatory vaccination policies against injunction motions. Successfully represented that same hospital association in a similar matter at the Superior Court level.
Successfully represented a large hospital association as an intervenor at the Court of Appeal defending mandatory vaccination policies against injunction motions. Successfully represented that same hospital association in a similar matter at the Superior Court level.
Successfully represented a municipality in a judicial review application to challenge sanctions imposed on a city councillor.
Successfully represented a municipality in a judicial review application to challenge sanctions imposed on a city councillor.
Successfully represented a long-term care home in a judicial review application related to the decision of an arbitrator to issue a declaration of collective agreement violation against the employer, with no other penalty.
Successfully represented a long-term care home in a judicial review application related to the decision of an arbitrator to issue a declaration of collective agreement violation against the employer, with no other penalty.
Successfully represented a mental health facility in a judicial review application related to the calculation of overtime pay in accordance with the collective agreement.
Successfully represented a mental health facility in a judicial review application related to the calculation of overtime pay in accordance with the collective agreement.
Federal Court Approves $817 Million Settlement in Disability Class Action
Class action proceedings often end in negotiated settlements. Those settlements (which must be approved by a court) can be significant in monetary terms. In Manuge v. Canada, the Federal Court recently approved the settlement of a class action arising from the alleged miscalculation and underpayment of disability pension benefits for members and veterans of the…
2023 in Review – Key Legislative Updates
Last week we published “The Year in Review – 2023 Cases of Note.” This week we are back with our review of notable legislative updates from 2023 that we believe will be of interest to employers, human resources professionals and pension plan administrators. We also identify some legislation to watch for in 2024. Ontario Employment…
Ontario Court of Appeal Clarifies Transition Provision in Class Proceedings Act, 1992
Ontario’s class proceedings legislation was amended in 2020 and the Ontario courts have recently addressed the question of “transition” for cases begun under the “old” version of the legislation. In Martin v. Wright Medical Technology Canada Ltd., the Ontario Court of Appeal confirmed that there is a “bright line” between actions started under the Class…