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Published on: 14 Jul 2014 By

A Case Study in the Protection of Class Members’ Rights: Forthcoming Compensation for Residential Schools Survivors

In Canada, class actions are supervised closely by the courts, which are obligated to protect the rights of absent class members. Accordingly, all of the major steps in class actions litigation require court approval. If there are questions about the conduct of a class action, affected parti…

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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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