The Ontario Court of Appeal has issued a significant decision that brings much-needed clarity to the interpretation of employment contracts and the enforceability of termination provisions under the Employment Standards Act, 2000.
Insights
Hicks Morley publishes a number of materials, both electronic and print, on issue-specific and sector-specific topics of interest to our clients. Our insights section has links to all of our various publications, updates and blogs, both current and historical, to keep you informed of developments in the law that impact human resources.
Case In Point
Cleaner Reinstated Following Threat to Kill Supervisor
In Servantage Services Corporation v Unifor Local 3000, Arbitrator Rogers reinstated a cleaner dismissed for making a death threat, emphasizing the importance of proportionality and rehabilitative potential in disciplinary decisions.
Case In Point
Game, Set, Compensable: When Workplace Pickleball Becomes a Competitive Sport
The Alberta Appeals Commission ruled that a worker’s arm injury, sustained while playing pickleball during employer-authorized group exercise, was compensable under Workers’ Compensation Board Policy 02-01.
FTR Now
FIFA World Cup 2026™ – Labour and Employment Development Roundup
Two World Cup-related decisions offer practical reminders for employers: major sporting events may influence disputes, but they do not change the legal tests that apply.
Case In Point
BC Court of Appeal Upholds Fixed-Term Employment Commitment in Business Acquisition
BCCA decision confirms agreements arising from single transaction will be read harmoniously to give effect to parties’ overall bargain.
Human Resources Legislative Update
WSIB Announces Closure of Second Injury and Enhancement Fund as of June 16, 2026
WSIB’s closure of the Second Injury and Enhancement Fund (SIEF) means an end to cost relief for Schedule 1 employers.
Case In Point
Unwritten Practices, Selective Discipline, and the Cost of Bad Faith
Wilsher v. Olympic Wholesale highlights the risks for employers of relying on unwritten practices, enforcing workplace rules inconsistently, and engaging in bad faith conduct during the dismissal process.
Case In Point
Ontario Superior Court Awards Damages for Equity Incentive Compensation Vesting After Notice Period
In Khatib v. GoEasy Ltd, 2026 ONSC 3513, the SCJ (Ont.) awarded a terminated executive damages on a pro rata basis, in respect of equity awards that would not have vested within the reasonable notice period.
Case In Point
Federal Replacement Worker Ban: First Reported Decision on the Merits
The Canada Industrial Relations Board has issued its first merits decision under the federal replacement worker ban, confirming that a violation depends on whether the individuals fall within the statutory prohibitions. In reviewing CUPE Local 4317 v. Montreal Gateway Terminals Partnership, Hicks Morley’s Simon Mortimer highlights the Board’s strict, provision-based approach under the updated framework.
Case In Point
Separate Agreements, Separate Forums: When Equity Disputes Escape the Employment Arbitration Clause
How employment and equity arrangements are structured and interpreted remains a focus for Ontario courts. Hicks Morley’s Avleen Banwait examines a key distinction for employers to consider when drafting relevant provisions: equity-based claims may fall outside the scope of an employment arbitration clause where separate agreements and forums are at play.