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Published on: 31 Jul 2017 By

Frustration of Employment Contract: What to Consider Before Throwing in the Towel

Like any contract, an employment contract can be “frustrated” when continued performance of the contract becomes impossible or would be radically different because of a dramatic change in circumstances. Employers typically raise frustration of contract to formally end the employment relation…

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Published on: 28 Jul 2017 By

NAFTA Reform, Investor-State Dispute Settlement, and Environmental Regulation

Canada, the United States, and Mexico are set to begin the re-negotiation of the North American Free Trade Agreement (“NAFTA”) in August. The foreign investment protection chapter (Chapter 11) is likely to be among other contentious aspects of the treaty to be addressed. Chapter 11 protects …

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Published on: 19 Jul 2017 By

Individual and Construction Companies Fined $95,000 for Illegal Waste Disposal

On June 21, 2017, SNC-Lavalin Constructors (Pacific) Inc., Dragodos Canada Inc., and EllisDon Corporation pled guilty and were fined for: generating liquid industrial waste, permitting the waste to leave their control with a non-approved waste transportation contractor, and, failing to compl…

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Published on: 18 Jul 2017 By

Concerned About Bill 148? Have Your Say By This Friday

Yesterday, the Standing Committee on Finance and Economic Affairs’ tour of Ontario hit London to hear from the public on the changes to labour and employment legislation proposed in Bill 148, the Fair Workplaces, Better Jobs Act, 2017. Throughout the day, the Committee considered oral presen…

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Published on: 18 Jul 2017 By

Québec – New Code of Civil Procedure – Tolling Agreements

We continue to explore the new rules of civil procedure in Quebec as of January 1, 2016. Today’s feature is tolling agreements. Based on the Civil Code of Quebec, tolling agreements aimed at suspending limitation by agreement are not possible in Quebec: 2883. Prescription may not be renounce…

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Published on: 14 Jul 2017 By

Lavender v Miller Bernstein: An Auditor’s Duty to Non-Clients

Introduction The Ontario Superior Court of Justice in Lavender v Miller Bernstein [1] recently added to the jurisprudence regarding a defendant’s liability for a negligent misstatement in a situation where the plaintiff did not personally read or rely on the misstatement. Siskinds LLP is cou…

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Published on: 14 Jul 2017 By

$2.5 million in fines issued in relation to large diesel spill

In the latest of a string of federal environmental prosecutions leading to significant fines against corporate offenders, Canadian National Railway Company (“CN”) has been fined $2.5 million after pleading guilty to committing a number of infractions under the Fisheries Act and under the Can…

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