In Bowman v Ontario, the Ontario Court of Appeal considered a motion for certification of a class action under the Class Proceedings Act, 1992 (CPA) which was dismissed by a certification judge. The Court of Appeal allowed the appeal in part, concluding that the judge erred in holding that the proposed class action did not…
Practice Area: Litigation
Class Action Brought by Off-Reserve Indigenous Children and Their Families Certified
In Stonechild v. Canada, Justice Phelan of the Federal Court recently certified a class proceeding brought on behalf of off-reserve Indigenous children and their families. Under the Federal Court system, this avoids the necessity or prospect of up to thirteen separate provincial and territorial class actions. The claim seeks to hold the government of Canada…
Laura Buck
Laura Buck is a labour, employment and human rights lawyer in Hicks Morley’s Waterloo office. She advises employers in all aspects of the employment relationship including issues related to hiring, discipline, accommodation and termination.
Kenji Nuhn
Kenji advises and represents employers on labour, employment and human rights issues. Having previously worked in human resources, Kenji is uniquely positioned to provide practical solutions to workplace issues.
Anoushka Zachariah
Anoushka provides advice to employers and management in both the private and public sectors on a wide range of labour and employment issues. Having previously represented both employers and employees, Anoushka is uniquely positioned to assist employers in navigating a broad range of workplace matters including wrongful dismissals, discrimination, employment contracts and employment standards.
Ontario Court Requires “Robust” Notice to Allow Class Members to Choose Whether to Opt-Out of Employment Class Action
Justice Perell, writing for the Ontario Superior Court of Justice in the ongoing Heller v. Uber class action, required a robust Notice Plan and Notice of Certification to be provided that clearly sets out sufficient information to allow class members to make an informed decision about whether or not to exercise their right to opt-out…
Advantage CPD: Bad Faith Damages – How Employers Can Avoid and Defend These Claims
In this session we will discuss what constitutes bad faith in the employment context, and how it applies to different phases of the employment relationship. We will address employer conduct leading up to termination, at the time of termination, during the post-termination period and during litigation—each of which can have an effect on an award for bad faith damages.
Changes are Coming to the Rules of Civil Procedure
On March 31, 2022, various amendments to the Rules of Civil Procedure with respect to pre-trial conferences, expert reports and admissibility of evidence will come into force. The changes have been brought about by Ontario Regulation 18/22 which amends R.R.O. 1990, Regulation 194: Rules Of Civil Procedure (Rules) made under the Courts of Justice Act….
Advantage CPD: Ensuring Your Mediation is a Success
Mediation is becoming an ever-present fixture in all forms of employment litigation, whether that be in civil litigation or in matters before boards and tribunals. In this Advantage CPD webinar, we will discuss many issues surrounding mediations,
Beyond COVID-19: 2021 Year in Review – Cases and Legislation of Note
Employers and human resource professionals will undoubtedly remember 2021 as another year shaped by the pandemic. But … there were also legal developments in 2021 that were not related to COVID-19. In this FTR Now, we look at some of the year’s notable “non-pandemic” cases and legislative developments of interest.