Hughes v. Liquor Control Board of Ontario: Ontario Court of Appeal provides guidance on breadth of the Regulated Conduct Defence
On April 17, 2019 the Court of Appeal of Ontario released its decision in Hughes v. Liquor Control Board of Ontario, 2019 ONCA 305 [Hughes]. The Court of Appeal’s decision provides guidance to counsel on the scope of the Regulated Conduct Defence (the “RCD”). The RCD is a defence in the Comp…
View the post titled Hughes v. Liquor Control Board of Ontario: Ontario Court of Appeal provides guidance on breadth of the Regulated Conduct DefenceHow 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?Mandatory Arbitration Provisions in the Class Action Context
Mandatory Arbitration Provisions in the Class Action Context: TELUS Communications Inc. v. Wellman, 2019 SCC 19 On April 4, 2019, the Supreme Court of Canada issued reasons in TELUS Communications Inc. v. Wellman. The Supreme Court’s 5-4 decision provides important guidance on the applicabil…
View the post titled Mandatory Arbitration Provisions in the Class Action ContextCannabis 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 damagesOntario Securities Commission Provides Millions in Compensation to Whistleblowers
On February 27, the OSC announced awards of $7.5 million to three whistleblowers in connection with three separate matters. The awards are the first of their kind by a Canadian securities regulator. In a news release, the OSC said the awards were the result of the whistleblowers’ “timely, sp…
View the post titled Ontario Securities Commission Provides Millions in Compensation to WhistleblowersPutting 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 PosterReceive Blog Posts
By subscribing to our blog, you will receive an email when a new post is added. You can unsubscribe at any time by sending an email to us at [email protected] with the word “unsubscribe” in the subject line.