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Recent Posts
Below is a preview of the five most recent posts from the blog Hicks Morley Insights. To read these posts in their entirely or subscribe to future updates from this blog, please visit their website!
- Employer Conduct, Frustrated Contracts, and the Limits of Benefit Deductibility
In Hedrick v. Johnston Meier Insurance Agencies Ltd., Justice Bennett of the Supreme Court of British Columbia addressed two issues that will be of interest to employers: when an employer may rely on frustration of contract, and when statutory benefit payments may be deducted from wrongful dismissal … Read more »
- Ontario Court of Appeal Case is a Warning to Employers to Review Their Incentive Plans
A defect in Meta’s Restricted Share Unit (RSU) agreements has resulted in an additional US$4.7 million award to a former employee. In Wigdor v. Facebook Canada Ltd., 2026 ONCA 572 (Wigdor), the Ontario Court of Appeal found that the agreements did not preserve the employee’s minimum statutory entitl … Read more »
- Arbitrator Strikes Down TTC’s Random Drug and Alcohol Testing Program
A significant decision concerning workplace drug and alcohol testing, has found that the Toronto Transit Commission’s (TTC) random drug and alcohol testing program was unreasonable, contrary to the collective agreement and inconsistent with employees’ rights under section 8 of the Canadian Charter o … Read more »
- “At Any Time” and “For Any Reason” Termination Clauses Survive: OCA Clarifies Rules for Interpreting Employment Contracts
In Baker v. Van Dolder’s Home Team Inc.; Li v. Wayfair Canada ULC, 2026 ONCA 568, the Court of Appeal for Ontario resolved conflicting lower court decisions on whether “at any time” language in without cause termination clauses is inconsistent with the Employment Standards Act, 2000 (ESA). In the tw … Read more »
- Cleaner Reinstated Following Threat to Kill Supervisor
In Servantage Services Corporation v Unifor Local 3000, Arbitrator Amanda Rogers reinstated a long-service cleaner following her discharge for making a death threat against her supervisor. The Arbitrator held that discharge was excessive because the employment relationship remained repairable given … Read more »