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  • Article

    Ontario’s 2010 Early Learning Program: Bracing for the Fallout

    When was the last time your Board was involved in the legal "ins and outs" of a hotly contested certification drive before the Ontario Labour Relations Board?
    CanadaLitigation, Mediation & Arbitration
    Hicks Morley Hamilton Stewart Storie LLP
    Hicks Morley Hamilton Stewart Storie LLP
  • Article

    Highlights From The Federal Government's 2024 Fall Economic Statement

    On December 16, 2024, the federal government issued its 2024 Fall Economic Statement. The Statement covers a wide array of initiatives including several proposals...
    CanadaEmployment and HR
    Hicks Morley Hamilton Stewart Storie LLP
    Hicks Morley Hamilton Stewart Storie LLP
  • Article

    Arbitrator Finds Grievor Was Prima Facie Discriminated Against When Employer Denied Her Requested Exemption To The COVID-19 Vaccine

    In Public Health Sudbury & Districts v. Ontario Nurses' Association, Arbitrator Robert Herman accepted that an employee may be entitled to an exemption from an employer's mandatory COVID-19 vaccination...
    CanadaCoronavirus (COVID-19)
    Hicks Morley Hamilton Stewart Storie LLP
    Hicks Morley Hamilton Stewart Storie LLP
  • Article

    COVID-19 Tests Are Not Genetic Tests For The Purpose Of The Canada Labour Code

    A recent decision of the Canada Industrial Relations Board (Board) affirms that COVID-19 tests are not considered genetic tests under the genetic testing provisions of the Canada Labour Code (Code)...
    CanadaCoronavirus (COVID-19)
    Hicks Morley Hamilton Stewart Storie LLP
    Hicks Morley Hamilton Stewart Storie LLP
  • Article

    Bill 26 Passes As Amended, Mandates Post-secondary Institutions To Address Faculty And Staff Sexual Misconduct Towards Students

    On December 8, 2022, Bill 26, Strengthening Post-secondary Institutions and Students Act, 2022, as amended, received Royal Assent.
    CanadaEmployment and HR
    Hicks Morley Hamilton Stewart Storie LLP
    Hicks Morley Hamilton Stewart Storie LLP
  • Article

    Disconnecting From Work And Electronic Monitoring Policies: A Reminder Of The Requirements

    In this article, we provide an overview of some of the requirements introduced by these bills; ...
    CanadaEmployment and HR
    Hicks Morley Hamilton Stewart Storie LLP
    Hicks Morley Hamilton Stewart Storie LLP
  • Article

    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 ...
    CanadaEmployment and HR
    Hicks Morley Hamilton Stewart Storie LLP
    Hicks Morley Hamilton Stewart Storie LLP
  • Article

    Ontario Court Considers New Preferable Procedure Test

    One of the important parts of the test for certification of a proposed class proceeding is that a class proceeding would be the preferable procedure for the resolution of the common issues.
    CanadaLitigation, Mediation & Arbitration
    Hicks Morley Hamilton Stewart Storie LLP
    Hicks Morley Hamilton Stewart Storie LLP
  • Article

    Appellate Court Finds Non-Competition Clause In Employment Agreement To Be Unenforceable

    In M & P Drug Mart Inc. v Norton, the Ontario Court of Appeal upheld the decision of an application judge which had found a non-competition clause in an employment agreement to...
    CanadaEmployment and HR
    Hicks Morley Hamilton Stewart Storie LLP
    Hicks Morley Hamilton Stewart Storie LLP
  • Article

    Ontario's Working For Workers Six Act, 2024 Receives Royal Assent

    On December 19, 2024, Ontario's Working for Workers Six Act, 2024 (Bill 229) received Royal Assent. Bill 229 amends several statutes including the Employment Standards Act, 2000...
    CanadaEmployment and HR
    Hicks Morley Hamilton Stewart Storie LLP
    Hicks Morley Hamilton Stewart Storie LLP
  • Article

    Anticipating The Impact Of U.S. Tariffs And Work Slowdowns In Ontario: Temporary Layoffs, Individual And Mass Terminations, And Alternate Measures

    As discussed in our FTR Now of February 6, 2025, we are living through a period of economic uncertainty and mounting anxiety.
    CanadaEmployment and HR
    Hicks Morley Hamilton Stewart Storie LLP
    Hicks Morley Hamilton Stewart Storie LLP
  • Article

    Court Of Appeal Outlines Key Principles On Suspending Employees With And Without Pay

    In Filice v. Complex Services, the Ontario Court of Appeal provided valuable guidance regarding constructive dismissal, investigative suspensions of employees without pay and proper damages assessments.
    CanadaEmployment and HR
    Hicks Morley Hamilton Stewart Storie LLP
    Hicks Morley Hamilton Stewart Storie LLP
  • Article

    Federal Government Passes Legislation To Ban Replacement Workers

    On June 20, 2024, Bill C-58, An Act to amend the Canada Labour Code and the Canada Industrial Relations Board Regulations, 2012 (Bill C-58) received royal assent.
    CanadaEmployment and HR
    Hicks Morley Hamilton Stewart Storie LLP
    Hicks Morley Hamilton Stewart Storie LLP
  • Article

    Important Amendments Made To The Temporary Help Agency And Recruiter Licensing Framework In Ontario

    On July 1, 2023, a new licensing regime was introduced under the Employment Standards Act, 2000 for any temporary help agency (THA) or recruiter operating in Ontario.
    CanadaEmployment and HR
    Hicks Morley Hamilton Stewart Storie LLP
    Hicks Morley Hamilton Stewart Storie LLP
  • Article

    Nurse Not Entitled To Communicable Disease Paid Leave If Not Required To Quarantine/Isolate

    In a recent decision of significant importance to the hospital sector, Arbitrator William Kaplan held that a nurse will be entitled to communicable disease leave with pay...
    CanadaEmployment and HR
    Hicks Morley Hamilton Stewart Storie LLP
    Hicks Morley Hamilton Stewart Storie LLP
  • Article

    Ontario Introduces Working For Workers Six Act, 2024

    On November 27, 2024, the Ontario government introduced the Working for Workers Six Act, 2024 (Bill 229). Bill 229 proposes amendments to various employment-related statutes...
    CanadaEmployment and HR
    Hicks Morley Hamilton Stewart Storie LLP
    Hicks Morley Hamilton Stewart Storie LLP
  • Article

    Setting Up Shop In Canada? What U.S. Employers Need To Know About Litigating In Canada

    While Canada and the United States are alike in many respects, there are a few key differences in litigation law that U.S. organizations should be aware of if you are considering buying, selling or operating a business in Canada.
    CanadaEmployment and HR
    Hicks Morley Hamilton Stewart Storie LLP
    Hicks Morley Hamilton Stewart Storie LLP
  • Article

    Supreme Court of Canada Dismisses Negligence Action in Case Involving Miners Killed During Bitter Strike

    In "Fullowka v. Pinkerton's of Canada Ltd.", 2010 SCC 5, the Supreme Court of Canada dismissed an appeal by survivors of miners killed in a 1992 explosion at Giant Mine (NWT) owned by Royal Oaks.
    CanadaLitigation, Mediation & Arbitration
    Hicks Morley Hamilton Stewart Storie LLP
    Hicks Morley Hamilton Stewart Storie LLP
  • Article

    Employers Take Note: Certain Employees Entitled To Paid Time Off To Cast Vote In Provincial Election

    The Ontario provincial election will be held on June 2, 2022. Under the Ontario Election Act (Act), eligible employees are entitled to three consecutive hours during voting hours to cast their vote.
    CanadaEmployment and HR
    Hicks Morley Hamilton Stewart Storie LLP
    Hicks Morley Hamilton Stewart Storie LLP
  • Article

    Employers Take Note: Certain Employees Entitled To Paid Time Off To Cast Vote In The 2025 Ontario Provincial Election

    The Ontario provincial election will be held on February 27, 2025. Under the Ontario Election Act (Act), eligible employees are entitled to three consecutive hours during voting hours to cast their vote.
    CanadaEmployment and HR
    Hicks Morley Hamilton Stewart Storie LLP
    Hicks Morley Hamilton Stewart Storie LLP

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