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Published on: 22 Aug 2019 By

OTLA Blog: Car Seat Safety Information that Every Parent should Know

Car collisions are the leading cause of death of children in Canada*. The correct use of car seats and booster seats can prevent or lessen these tragic outcomes by ensuring the safety of the most precious little ones in our lives. Anna Stoll lists additional ways to keep your child safe in h…

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Published on: 20 Aug 2019 By

We (do not?) have a deal: Mutual agreement on essential terms will make settlement binding

Consider the following scenario. A business gives advance written notice of termination to one of its employees. At the same time, the business delivers to the employee a letter offering a termination package (i.e., a settlement agreement) that exceeds the employee’s minimum entitlements und…

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Published on: 19 Aug 2019 By ,

Ontario Government Moving Towards Further Auto Insurance Reforms

On April 11, 2019, the Ontario Provincial Government released the “Putting Drivers First” blueprint, which proposes a series of reforms to the auto insurance system in Ontario. While many details of the plan have yet to be released by the Government, some of the proposed changes include: All…

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Published on: 12 Aug 2019 By

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…

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Published on: 8 Aug 2019 By

Ministry 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…

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Published on: 7 Aug 2019 By

Speeding 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…

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Published on: 1 Aug 2019 By

Truth or Lies: Providing Employment References

Are you one of the growing numbers of Canadian employers who are reluctant to provide employment references for former employees?  Concerned you are going to be sued by a former employee for defamation if your reference is not positive enough?  Concerned that you are going to be sued for mis…

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Published on: 23 Jul 2019 By

Can 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 mean…

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Published on: 22 Jul 2019 By

$2.9M Charge for Spill of Diesel Fuel and Lubricants

On July 16, 2019, Kirby Offshore Marine Operating LLC pled guilty to three charges of violating the Fisheries Act, Migratory Birds Convention Act, 1994, and the Pilotage Act and received fines totally $2.9 million dollars.   On October 13, 2016, the tugboat Nathan E. Stewart ran aground at E…

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