Vedanta Resources PLC v Lungowe, [2019] UKSC 20
Removing straitjackets, and widening the potential scope of parent company liability for a subsidiary’s actions Can the parent company of a multinational group owe a duty of care to a third party for the actions of a foreign operating subsidiary? There remains no definitive answer at the tim…
View the post titled Vedanta Resources PLC v Lungowe, [2019] UKSC 20Ministry of Finance seeks to prevent insurers from improperly including HST in accident benefit limits
On March 13, 2019, the Ministry of Finance proposed changes to the Statutory Accident Benefits Schedule (“SABS”) under the Insurance Act to clarify that Harmonized Sales Tax (“HST”) is required to be paid by insurers in addition to the maximum accident benefit amounts limits. In Ontario, con…
View the post titled Ministry of Finance seeks to prevent insurers from improperly including HST in accident benefit limitsSpeeding up Certification by Extending Filing Deadlines?
On July 17, 2019, the Law Commission of Ontario (“LCO”) released its final report, Class Actions: Objectives, Experience and Reforms. The LCO report makes 47 recommendations to reform Ontario’s Class Proceeding Act (“CPA”) and related policies. One major theme of the report is that the speed…
View the post titled Speeding up Certification by Extending Filing Deadlines?Accommodation is a Two-Way Process
The case of Joseph v. Tecumseh Community Development Corporation (2019 HRTO 635) is a good reminder that the process of accommodating human rights in the workplace is a cooperative one, requiring effort and information by both parties. In this case, Ms. Joseph forwarded a human rights comp…
View the post titled Accommodation is a Two-Way ProcessCan an Employee Declare Frustration of the Employment Contract?
More often than not, the employer asserts frustration of the employment contract when an employee is absent on a lengthy medical leave and there is little prospect of a return to work in the foreseeable future. Employers often want to get these employees “off the books”, even though it means…
View the post titled Can an Employee Declare Frustration of the Employment Contract?Federal Carbon-Pricing Scheme is Constitutional: A Review of the Reference re Greenhouse Gas Pollution Pricing Act, 2019 ONCA 544
Last week, the Ontario Court of Appeal released its decision in Reference re Greenhouse Gas Pollution Pricing Act, 2019 ONCA 544 on the constitutionality of the federal carbon pricing scheme. The Court held that the Greenhouse Gas Pollution Pricing Act, which imposes charges for various fuel…
View the post titled Federal Carbon-Pricing Scheme is Constitutional: A Review of the Reference re Greenhouse Gas Pollution Pricing Act, 2019 ONCA 544Not-so-breaking news: You may not contract out of the Employment Standards Act, 2000
In a previous blog, I discussed recent cases discussing the enforceability of termination clauses in employment agreements. In Ariss v. NORR Limited Architects & Engineers, 2019 ONCA 449, a Court of Appeal decision released on May 30, 2019, the Court confirmed that employees and employe…
View the post titled Not-so-breaking news: You may not contract out of the Employment Standards Act, 2000How 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 damagesReceive Blog Posts
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