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Published on: 31 Jan 2017 By

Changes to Emergency Leave Requirements in the Auto Industry

The final report from Ontario’s Changing Workplaces Review is expected any day now, but in a taste of what’s to come, some changes are already being implemented. Since 2004, s. 50 of the Employment Standards Act, 2000 (“ESA”) has required employers with more than 50 employees to provide 10 u…

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Published on: 30 Jan 2017 By

Proposed New Charge to Water Bottling Facilities

On January 18, 2017 the Ministry of the Environment and Climate Change (“Ministry”) posted on the Environmental Registry for a 60 day review and comment period a regulation proposing a regulatory charge on water bottling facilities. The proposed charge would apply to water bottling facilitie…

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Published on: 26 Jan 2017 By

The Vexing Problem Of Limitations In Environmental Cases Rises Again

Last August, we reported on recent case law dealing with the difficult question of how to determine limitation periods in environmental claims. In the January 2017 Court of Appeal decision of Crombie Property Holdings Limited v. McColl-Frontenac Inc., the court overturned the trial court’s d…

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Published on: 26 Jan 2017 By

Accessibility Obligations for Employers with Under 50 Employees

Effective January 1, 2017 there are new accessibility standards for employers with under 50 employees. Larger non-public employers with more than 50 employees were required to implement new employment standards and communications obligations under the Accessibility for Ontarians with Disabil…

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Published on: 24 Jan 2017 By

Endean v British Columbia: efficient and economic access to justice for Canadian class members

In October 2016, the Supreme Court of Canada (“SCC”) released its decision in Endean v British Columbia, 2016 SCC 42, holding that superior court judges have the discretionary power to sit outside of their home jurisdictions, pursuant to section 12 of the Class Proceedings Act. Endean was a …

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Published on: 18 Jan 2017 By

Raibex Canada Ltd. v ASWR Franchising Corp., Implications for Franchisors

Executive Summary and Client Advisory This case, decided late in the late Fall of 2016 and currently under appeal, is potentially highly problematic to franchisors who sign franchise agreements with prospects before a site has been selected. In essence, the trial judge found that doing so is…

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Published on: 17 Jan 2017 By

Franchising – Presale Disclosure Now Mandatory in British Columbia

For those franchisors offering, or planning to offer, franchises in British Columbia, please take note that effective February 1, 2017, you must now provide a BC-compliant disclosure document to all franchise prospects at least 14 days prior to signing any agreement relating to the franchise…

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Published on: 16 Jan 2017 By

Citizen Can’t Seek Damages for Alleged Breach of Charter Rights by Alberta Energy Board

A year after hearing the case, four out of nine judges of the Supreme Court of Canada have ruled in Ernst v. Alberta Energy Regulator that Ms. Ernst cannot make a claim for an alleged breach of her freedom of speech Charter rights by the Alberta Energy Regulator (“Board”). Further, the judge…

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Published on: 16 Jan 2017 By

Ontario Labour Relations Board Seeks Submissions on Possible Elimination of “White Areas”

The Ontario Labour Relations Board (the “OLRB”) is considering revamping how it geographically organizes construction bargaining units in Northern Ontario, and is seeking submissions from the public. Since 1980, the OLRB has consistently recognized bargaining units in the construction sector…

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