“Protective” and “Preventative” Purpose of Ontario’s Environmental Protection Act Justifies Warrantless Inspection Powers
In a decision released December 14, 2018, the Ontario Court of Appeal clarified the legal test that authorizes a warrantless inspection under s. 156(1) of the Environmental Protection Act, R.S.O. 1990, c. E.19 (“EPA”). Facts of the Case In the case, Ontario (Environment and Climate Change) v…Continue reading the post titled “Protective” and “Preventative” Purpose of Ontario’s Environmental Protection Act Justifies Warrantless Inspection Powers
ONCA holds that umbrella purchasers have a cause of action in a price-fixing class action
Shah v LG Chem Ltd., 2018 ONCA 819 Background: In this class action, the plaintiffs allege that the defendants conspired to fix the prices of lithium-ion batteries (“LIBs”) in North America and elsewhere between January 2000 and December 2011. As a result, the plaintiffs paid higher prices f…Continue reading the post titled ONCA holds that umbrella purchasers have a cause of action in a price-fixing class action
Enforceability of Termination Clauses in Employment Contracts – Trending towards Clarity, or More Uncertainty?
It is a basic principle of employment law in Ontario that employees terminated without cause are presumed to be entitled to common law reasonable notice of termination unless the parties clearly agreed to a different notice period, typically through a termination clause in an employment agre…Continue reading the post titled Enforceability of Termination Clauses in Employment Contracts – Trending towards Clarity, or More Uncertainty?
What is “shared custody” and how is it calculated?
In family law, the term “custody” usually means decision-making. Having “custody” means having the ultimate decision-making power over important decisions regarding the child, such as what child the school will attend, what religion the child will be raised in, what major recreational activ…Continue reading the post titled What is “shared custody” and how is it calculated?
Ontario Court of Appeal Holds that Deterrence Justifies Minimum Fine in Environmental Prosecution
The Environmental Protection Act and the Ontario Water Resource Act are unique among Ontario’s environmental legislation for containing mandatory minimum fines. A new decision from the Ontario Court of Appeal makes it clear that where minimum fines exist, a trial justice has very narrow d…Continue reading the post titled Ontario Court of Appeal Holds that Deterrence Justifies Minimum Fine in Environmental Prosecution
Are gifts “income” for support purposes?
In a previous article, I set out a list of common situations wherein a court may impute income to a support payor, as set out in the Child Support Guidelines. One situation not specifically included in that list is the situation of “gifts”, which are non-taxable payments that do not appear o…Continue reading the post titled Are gifts “income” for support purposes?
2018 Year In Review For American and Canadian Whistleblower Programs
Fiscal Year 2018 was a nice year for tippers to the U.S. Securities and Exchange Commission (“SEC”) whistleblower program (“SEC program”), thanks to some misbehaving companies. The SEC made record-breaking payouts of about $168 million to 13 whistleblowers in 2018. The SEC program was initia…Continue reading the post titled 2018 Year In Review For American and Canadian Whistleblower Programs
Imputing Income in Family Law
Before a lawyer or judge can determine an appropriate amount of support for a person to pay, it is necessary to first determine the support payor’s income. Sometimes this is easy – if you are an employee, with no complicating factors, your income is accurately reflected on line 150 of your i…Continue reading the post titled Imputing Income in Family Law
2019 Summer Student Applications
We anticipate hiring up to 6 (2nd Year) summer students in our LONDON office and 1 (2nd Year) summer student for our TORONTO office. Please clearly mark your cover letter as to whether you are applying for our LONDON office or TORONTO office. Please visit the viLawPORTAL for details of submi…Continue reading the post titled 2019 Summer Student Applications
Nova Scotia Supreme Court Grants Application for Judicial Review Concerning Provincial Funding for Effluent Treatment Facility
The Supreme Court of Nova Scotia has recently granted an application for judicial review relating to potential Crown funding for the construction of a new effluent treatment facility at Boat Harbour, Pictou County, Nova Scotia (the “Project”). In Pictou Landing First Nation v. Nova Scotia (A…Continue reading the post titled Nova Scotia Supreme Court Grants Application for Judicial Review Concerning Provincial Funding for Effluent Treatment Facility