Hicks Morley’s John Field was quoted in an article entitled “A Piece of the Action” in the July/August issue of Lexpert® Magazine. Field says, “The trouble with claims against employers is that most of them end up being dealt with on an individual basis because they tend to involve individual contracts of employment or circumstances…
Practice Area: Litigation
Defining “Employer” For Pension Funding Purposes
The Financial Services Tribunal (the “Tribunal”) recently released a decision that discusses, in detail, who is the employer for funding purposes under the Pension Benefits Act (“PBA”). This decision will be of interest to employers who participate in pension plans with more than one employer, but are not multi-employer pension plans or “MEPPs”, if the…
John Field Discusses the CIBC Overtime Class Action Ontario Superior Court Decision with Canadian Lawyer InHouse Magazine
Hicks Morley’s John Field was quoted on the recent Ontario Superior Court decision with Canadian Lawyer InHouse Magazine. In an article entitled “CIBC Overtime Class Action Tossed”, Field discusses the lack of commonality and the Plaintiff’s attempted focus on the employer’s overtime policy within the context of the Canada Labour Code. View Article
Court Dismisses Motion to Certify Class Action for Overtime Wages
On June 18, 2009, Madam Justice Lax of the Ontario Superior Court of Justice released her decision, in which she dismissed the motion for certification of a proposed class action brought by Dara Fresco on behalf of current and former employees in the retail branches of the Canadian Imperial Bank of Commerce (“CIBC”) with respect…
Enjoying a Safe Holiday Season
The holiday season is once again upon us. While some employers may be scaling back on festivities this year, it remains as important as ever that employers take proactive steps to ensure the health and safety of their employees who attend office parties or other celebrations. Over the years, a number of court decisions have…
The Supreme Court Weighs in on the Obligations of Departing Employees
The Supreme Court of Canada has confirmed that there is an implied obligation of good faith owed by employees to their employers. In a decision released yesterday, RBC Dominion Securities Inc. v. Merrill Lynch Canada Inc., the Court found that a manager of investment advisors breached his duty of good faith when he orchestrated a…
Frank Cesario Joins the Firm as an Associate
We are very pleased to announce that Frank Cesario has joined our firm as an Associate in our Toronto office. Frank Cesario has joined Hicks Morley’s Litigation Practice Group after engaging in a litigation practice for several years at a large Bay Street firm. Frank graduated magna cum laude from Harvard Law School (J.D. 1998) after…
No Surplus Distribution Required on Partial Termination of Federally-Regulated Pension Plans
In its much anticipated decision in Cousins v. Canada (Attorney General) and Marine Atlantic Inc. (“Marine Atlantic”), the Federal Court of Appeal has concluded that the federal Pension Benefits Standards Act, 1985 (the “PBSA”) does not require a proportionate distribution of surplus on a partial termination of a defined benefit (DB) pension plan. The Federal…
Honda Canada Inc. v. Keays: The Supreme Court of Canada Strikes Down Landmark Damages Award
INTRODUCTION It is difficult to recall an employment law case which has generated as much interest, or created as much debate, as the litigation between Kevin Keays and his former employer, Honda Canada Inc. The trial decision, which was released in 2005, created a shockwave within the employer community, with its blistering critique of Honda’s…
The Honourable Chris Bentley, Attorney General, visits Hicks Morley
The Hon. Chris Bentley, Attorney General, met with a number of the firm’s litigators for a roundtable discussion about the Report of the Honourable Coulter Osborne Q.C. on the Civil Justice Reform Project on potential reforms to the civil justice system.