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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!
- Unwritten Practices, Selective Discipline, and the Cost of Bad Faith
In Wilsher v. Olympic Wholesale, Justice Woodley of the Ontario Superior Court of Justice awarded an employee who was dismissed for cause 33 months’ pay in lieu of notice, extending a 19-month notice period by 14 months due to the employer’s bad faith conduct. The employee, a 55-year-old Night S … Read more »
- Ontario Superior Court Awards Damages for Equity Incentive Compensation Vesting After Notice Period
In Khatib v. GoEasy Ltd, 2026 ONSC 3513, the Ontario Superior Court of Justice 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. If upheld on appeal, the decision could broaden damages exposure for … Read more »
- Federal Replacement Worker Ban: First Reported Decision on the Merits
Early this year, the Canada Industrial Relations Board (Board) released its decision in Canadian Union of Public Employees, Local 4317 v. Montreal Gateway Terminals Partnership, 2026 CIRB 1225. This Board merits decision is a first in interpreting the new replacement worker provisions under section … Read more »
- Separate Agreements, Separate Forums: When Equity Disputes Escape the Employment Arbitration Clause
Friel v. HUB International Limited, 2026 ONCA 313 offers a significant clarification on the interplay between employment agreements and separate equity participation agreements. The Court of Appeal confirmed that where an employee’s equity participation is governed by an agreement distinct from the … Read more »
- Canada Tables Bill C-36, the Protecting Privacy and Consumer Data Act
On June 15, 2026, the Government of Canada announced the tabling of Bill C-36, the Protecting Privacy and Consumer Data Act (PPCDA) which, if passed, will require private sector organizations to take on new responsibilities regarding the protection and deletion of personal information they collect. … Read more »