Case Law Update: It’s Still Hard to Fire Employees For Cause
A number of our blog entries have discussed the challenges employers face in ending an employment relationship for cause, without having to provide notice beforehand (or pay in lieu of notice). Generally, employees must engage in serious misconduct before being subjected to what the Courts h…
View the post titled Case Law Update: It’s Still Hard to Fire Employees For CauseSunrise Propane Explosion: $5.3 million in fines
After convictions in 2013, Sunrise Propane Energy Group Inc., 1367220 Ontario Inc., c.o.b. as Sunrise Propane, and two corporate directors, Shay Ben-Moshe and Valery Belahov, have been fined a total of $5.3 million, exclusive of the 25% victim fine surcharges (VFS). Sunrise Propane owned a p…
View the post titled Sunrise Propane Explosion: $5.3 million in finesWorker or Independent Operator? Factors to consider
If you are injured while working, determining whether you are legally considered a worker in the course of your employment, or an independent operator, is a critical question that could decide your right to sue for damages. Although a third party could still be sued, the Workplace Safety and…
View the post titled Worker or Independent Operator? Factors to considerMethane catastrophe in California: implications for cap and trade
Southern California is, at this very moment, in the throes of what is potentially the most prolific gas leak to have ever occurred. The disaster–a methane leak at a natural gas storage facility in Porter Ranch, California–has yet to galvanize the kind of media and popular attenti…
View the post titled Methane catastrophe in California: implications for cap and tradeNorthern Gateway Pipeline requires provincial environmental approval
A BC court has declared that an agreement (Agreement) between the British Columbia Environmental Assessment Office and the National Energy Board is invalid to the extent it purported to remove the need for an environmental assessment approval under BC’s Environmental Assessment Act (EAA). Th…
View the post titled Northern Gateway Pipeline requires provincial environmental approvalWhittling Down Our Testamentary Freedom
Testamentary freedom – the principle that a person of sound mind is free to leave his or her estate to whomever they like, for whatever reason, and without explanation– is a deeply entrenched notion in Canadian common law and society. However, as those of us in the estates and trust field kn…
View the post titled Whittling Down Our Testamentary FreedomCement Manufacturer fined $200,000 for dust discharge
Following a guilty plea in December 2015, Essroc Canada Inc., a cement manufacturer, based in Picton Bay, Ontario, was fined a total of $200,000 plus the 25% victim fine surcharge (an additional $50,000). This was for causing a discharge of dust into the natural environment and for failing t…
View the post titled Cement Manufacturer fined $200,000 for dust dischargeDillon to discuss caselaw, legislation at franchise law program
Franchise lawyer Peter Dillon will present a roundup of legislation and 2015 caselaw at the upcoming ‘Practitioner Sessions on Franchise Law’ program, hosted by The Commons Institute. On Feb. 8, Dillon, partner with Siskinds LLP, will present a 30-minute module at the event, scheduled for 2 …
View the post titled Dillon to discuss caselaw, legislation at franchise law programConsiderations on a Summary Judgment Motion When an Injury Claim is Brought After the Expiry of the Limitation Period: A Case Comment on Farhat v. Monteanu
In this case[1], the injured plaintiff started his case 32 days after the expiry of the 2-year limitation period. A summary judgment motion was brought to address the limitation defence. The plaintiff was injured in a collision on May 18, 2006. He attended with his family doctor 8 days later…
View the post titled Considerations on a Summary Judgment Motion When an Injury Claim is Brought After the Expiry of the Limitation Period: A Case Comment on Farhat v. MonteanuFracking litigation heating up
We’ve previously reported on the Ernst case, which yesterday was in the Supreme Court of Canada for argument of Jessica Ernst’s allegation that the Alberta Energy Regulator (Board) breached her Charter right to freedom of expression. Ms. Ernst alleges a breach on the basis that the Board ref…
View the post titled Fracking litigation heating upReceive Blog Posts
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