Divisional Court Upholds Jan Wong’s Obligation to Repay Settlement Funds for Breach of Confidentiality

The Ontario Divisional Court has unanimously upheld Arbitrator Louisa Davie’s decision that Jan Wong breached her confidentiality obligations under a settlement with her former employer, The Globe and Mail (the “Globe”) and is bound by the repayment obligation she agreed to as part of the settlement. The Court held that Ms Wong lacked standing to…

Reaching Out – Fifth Edition

Dear Friends, Well, the verdict is in. Six more weeks of winter according to our furry rodent weather prognosticators! And what better way to fill those cold blustery evenings than something interesting and topical to read? Welcome to the Winter 2014 Edition of Reaching Out, our newsletter specifically focussed on issues relevant, and of particular…

Confidentiality Provisions: Important, Effective and Enforceable

In most unionized workplaces, many grievances are settled before the parties present their evidence and before an arbitrator issues a public decision. In most instances, when a grievance is settled, the terms of that settlement are recorded in written form. The parties often agree that the settlement must be kept confidential and include a confidentiality…

Stephen Shamie Mentioned in The Globe and Mail

Hicks Morley’s Stephen Shamie was mentioned in the July 5, 2013 edition of The Globe and Mail in an article entitled “Wong ordered to repay settlement after breach of agreement with Globe.” Former Globe journalist Jan Wong, breached a confidentiality agreement with The Globe and was ordered to pay back an undisclosed severance payment, as…

Raising the Bar – Fifth Edition

“Learn from yesterday, live for today, hope for tomorrow.”                                                                        Albert Einstein Dear Friends, We’re very pleased to bring you the first 2013 edition of Raising the Bar, as our publication hits its second year. In this issue, we shine a light on the law of fiduciary duties. We discuss…

Jeffrey Goodman Quoted in Law Times

Hicks Morley’s Jeffrey Goodman was quoted in the January 21, 2013 edition of Law Times magazine in an article entitled “Settlement breach costs applicant $1,000.” In the article, Jeff comments on the Human Rights Tribunal of Ontario’s case Tremblay v. 1168531 Ontario Inc., where the tribunal had reduced an award after discovering the applicant had…

HRTO finds applicant breached confidentiality provision of settlement

The Human Rights Tribunal of Ontario recently found that an applicant breached the confidentiality provisions of her human rights settlement when she posted information about the settlement on Facebook. When the respondent learned of the breach, it refused to pay the monies owing under the settlement, and the applicant brought an application before the Tribunal…

What Happens When an Employee Breaches a Confidentiality Provision in a Human Rights Settlement?

In Tremblay v. 1168531 Ontario Inc., the Human Rights Tribunal of Ontario issued its first decision in which it held an applicant accountable for breaching a confidentiality clause in a settlement arising from the resolution of a human rights application brought against her employer. The employee had signed an agreement to maintain the confidentiality of…