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Published on: 11 Jul 2014 By

$2.5 Million Canadian Payroll Triggers ESA Severance Obligation

Until recently, I was confident that an Ontario employer would not owe severance pay under the Employment Standards Act, 2000 (the “ESA”), unless it met the $2.5 million Ontario payroll test. I am no longer so sure, following a surprising decision of Justice Kane of the Ontario Superior Cour…

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Published on: 8 Jul 2014 By

When it comes to anti-wind power appeals, all turtles are not created equal

The Environmental Review Tribunal has dismissed another anti-wind power appeal, holding that evidence to substantiate claims of “serious and irreversible harm to animal life” must be site-specific, species-specific, and quantifiable. The Tribunal released its decision in Bain v. Director, Mi…

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Published on: 7 Jul 2014 By

Be careful how you treat employees after advising that a fixed term contract will not be renewed

A recent Alberta decision may make employers reconsider how they give notice that a fixed term employment contract will not be renewed. Geoffrey Thompson was hired as the Regional President, Calgary of Cardel Homes Limited Partnership pursuant to a fixed term contract of 2 years from Septemb…

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Published on: 2 Jul 2014 By

Basic’s Alive – The Judicial Oak Weathers the Storm

For over 20 years, securities class actions in the U.S. have relied on the ‘fraud-on-the-market’ theory of reliance for investors. This was established by the 1988 case Basic Inc v Levinson. Recently some have question this theory. Earlier this week the Supreme Court released its decision in…

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