John Field Discusses Class Actions with LEXPERT Magazine

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…

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

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…

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…