How do the Mass Termination Provisions of Ontario’s Employment Standards Act, 2000, work?
In Ontario, the Employment Standards Act, 2000 (“ESA”), provides for certain rules when an employer terminates at least 50 or more employees in one of its establishments within a 4 week timeframe. In such a situation, the ESA requires that the employer: However, these rules will not apply to…
View the post titled How do the Mass Termination Provisions of Ontario’s Employment Standards Act, 2000, work?Cannabis Trademark Licensing and the Accidental Franchise
Certain licensed producers have been licensing their trademarks (or the trademarks of their retail arm) to successful applicants for Ontario cannabis retail licenses. Trademark license agreements involve downside legal risk; in particular, the “accidental franchise”, and must be drafted with…
View the post titled Cannabis Trademark Licensing and the Accidental FranchiseDivisional Court: employees with mental stress injuries suffered at work must receive benefits though workers’ compensation; may not sue for damages
The Workplace Safety and Insurance Act (the “WSIA”) is the cornerstone of Ontario’s workers’ compensation system. The basic principle of the WSIA is the “historic compromise” between employees and employers: in exchange for the benefit of no-fault insurance benefits for workplace injuries an…
View the post titled Divisional Court: employees with mental stress injuries suffered at work must receive benefits though workers’ compensation; may not sue for damagesPutting Short Sellers on a (Regulatory) Leash
Traditional investors buy low and sell high, holding the position in the meantime with the hope that the share price will increase. Short-selling inverts this strategy and involves borrowing a stock that is believed to be overvalued, selling at the high point, and then returning the shares o…
View the post titled Putting Short Sellers on a (Regulatory) LeashSupreme Court of Canada Releases its Decision in Orphan Well Association v. Grant Thornton Ltd, 2019 SCC 5
Supreme Court of Canada Orders Trustee in Bankruptcy to Comply with Environmental Remediation Orders Prior to Distributing Funds to Secured Creditors in Orphan Well Association v. Grant Thornton Ltd, 2019 SCC 5 On January 31, 2019, the Supreme Court of Canada released its highly anticipated …
View the post titled Supreme Court of Canada Releases its Decision in Orphan Well Association v. Grant Thornton Ltd, 2019 SCC 5Verbal References: The Truth Shall Set You Free
Some employers are wary about providing references for former employees, fearing a defamation lawsuit. However, a recent decision of the Divisional Court suggests that negative references that are substantially true and provided without malice may not be defamatory. In the trial decision of …
View the post titled Verbal References: The Truth Shall Set You FreeEmployers: Post and Distribute the Updated ESA Poster
Under the Employment Standards Act, 2000 (“ESA”), employers must post a copy of the most recent employment standards poster (“ESA Poster”) prepared by the Ministry of Labour in a “conspicuous place” in the workplace. The Ministry of Labour has just released a new version of the ESA Poster, w…
View the post titled Employers: Post and Distribute the Updated ESA PosterEmployers: Consider these sample New Year’s resolutions
With the start of a new year comes the opportunity to reflect on your business’s labour relations and start tackling those items on your “to-do” list. Here are three sample New Year’s resolutions that may benefit your business: 1. Revise your template employment contract, if necessary One of…
View the post titled Employers: Consider these sample New Year’s resolutionsEnforceability 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…
View the post titled Enforceability of Termination Clauses in Employment Contracts – Trending towards Clarity, or More Uncertainty?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…
View the post titled 2018 Year In Review For American and Canadian Whistleblower ProgramsReceive Blog Posts
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