On June 9, 2025 the Ontario Court of Appeal released its decision in Ontario (Labour, Immigration, Training and Skills Development) v. Benevides, granting leave to appeal the provincial offences appeal judge’s decision to the Court of Appeal. Background This case stems from a construction site incident that occurred in April of 2020 where eight spools…
Publication Name: Case In Point
Ontario’s Human Rights Tribunal Dismisses Discrimination Claim Against Union’s Women-Only Job Posting Under Special Program Provisions in the Code
Employers seeking to initiate equitable hiring strategies may wonder whether such programs are “legal”, given the current political climate in the United States. A recent decision of the Human Rights Tribunal of Ontario contains important reminders.
Arbitrator Upholds Benefits Related Grievance: “Generic Substitute” Does Not Limit Reimbursement to “Lowest Cost” Drug Per Collective Agreement
In Hydro One Inc. v The Society of United Workers, Arbitrator John Stout upheld a grievance against Hydro One for violating its Collective Agreement. Hydro One had limited reimbursement of prescription drug expenses to only the lowest cost generic medication, rather than covering the full cost of generic medications prescribed by physicians. This limitation was…
The Ontario Court of Appeal Provides Another Caution to Employers Drafting Employment Contracts: Actual Language is Paramount—Not Intent
In a recent decision of the Ontario Court of Appeal, the Court upheld the lower court’s decision finding that the termination clause in the employment contract was offside of the Employment Standards Act, 2000 (ESA) and that as a result, the employee was entitled to common law reasonable notice.
WSIB Decision Determines Employer Not in Breach of Re-Employment Obligations After Terminating Employee Who Misrepresented Extent of Workplace Injuries
In a recent decision, the Workplace Safety and Insurance Board (WSIB) clarified Policy 19-02-09, (Re-employment Obligations) (the Policy), which outlines conditions under which employers must re-employ workers who are unable to work due to work-related injuries or illnesses.
Supervisor Found Criminally Negligent and Sentenced to Five Years in Prison Following a Vehicle Collision Resulting in Driver’s Death
A recent decision serves as a reminder that supervisors’ actions—and inactions—regarding workplace safety are subject not only to the OHSA but also to the Criminal Code. In this Case in Point, Hicks Morley’s Artimes Ghahremani shares the Court’s analysis and key takeaways for supervisors.
B.C. Supreme Court Imposes Costs on Workers’ Compensation Appeal Tribunal for Procedural Fairness Breaches, Deviating from the “Traditional Immunity” Enjoyed by Decision-Makers
A recent ruling underscores the importance of procedural fairness in administrative tribunal proceedings, especially when dealing with vulnerable applicants. In this Case in Point, Mariana Kamenetsky reviews the case, the court’s analysis and the decision.
Dismissal of Healthcare Worker for Failure to Disclose COVID-19 Exposure to Spouse/Co-Worker Not Discriminatory
A recent decision provides clarification on the distinction between legitimate workplace policy enforcement and discriminatory conduct. In this #CIP, Hicks Morley’s Gabrielle Lemoine shares details of the case and what it means for employers and HR professionals.
Court Awards Terminated Executive Over $456,000 After Finding Employer’s Conditional Severance Offer Constituted Repudiation of the Employment Agreement
A recent decision underscores the importance of complying with contractual termination entitlements for departing employees. In this Case in Point, Hicks Morley’s Justin Choy examines the decision and what it means for employers.
Federal Court of Appeal Upholds Mandatory Nuclear Industry Alcohol and Drug Testing Requirements for Workers in “Safety-Critical” Positions
In a significant ruling for employers in safety-sensitive industries, the Federal Court of Appeal has upheld the constitutional validity of mandatory pre-placement and random alcohol and drug testing requirements for safety-critical positions at Class I nuclear facilities. The decision in Power Workers’ Union et al v Attorney General of Canada, Ontario Power Generation, Bruce Power,…