Considerations if you want a claim grounded in fraud to survive a debtor’s bankruptcy
Two recent cases, Bank of Montreal v. Mathivannan, 2021 ONSC 2538 (CanLII) and Johansen v Wallgren, 2021 ABCA 234 (CanLII), highlight some procedural pitfalls to avoid when trying to have a claim survive a debtor’s discharge. When a debtor files for bankruptcy, on their discharge they will b…
View the post titled Considerations if you want a claim grounded in fraud to survive a debtor’s bankruptcyAre COVID-19 unemployment payments deductible from wrongful dismissal damages?
When the COVID-19 pandemic led to widespread layoffs in Q2 2020, the Canadian government introduced the unprecedented Canada Emergency Recovery Benefit (or “CERB”). CERB was retired in September 2020 and was replaced with (among other things) the EI Emergency Response Benefit (“EI ERB”) and …
View the post titled Are COVID-19 unemployment payments deductible from wrongful dismissal damages?What’s an employer to do when Infectious Disease Emergency Leave ends?
With over 78% of adults in Ontario having received at least their first dose of a COVID-19 vaccine, there is much talk about the economy starting to rebound and employees returning to in-person work. Just recently, CBC News and Global News reported that hiring intentions have hit an all-time…
View the post titled What’s an employer to do when Infectious Disease Emergency Leave ends?Privacy policies: Why are they important?
If you operate an online platform–be it a website or a mobile app–you probably also collect, use, or disclose personal information. If so, you are required to have a privacy policy[1]. Privacy policies explain to your patrons what data you collect, why you collect that data, how that data wi…
View the post titled Privacy policies: Why are they important?Upcoming, practical changes to Ontario’s Business Corporations Act
Bill 213, the Better for People, Smarter for Business Act, 2020 received Royal Assent in December of 2020. As a result, some significant amendments to Ontario’s Business Corporations Act (“OBCA”) will come into force on July 5th, 2021: 1. Elimination of Director’s Canadian Residency Require…
View the post titled Upcoming, practical changes to Ontario’s Business Corporations ActCOVID-19 temporary layoffs: Not constructive dismissal after all?
Throughout the COVID-19 pandemic, many employers have been forced to temporarily lay employees off because of unexpected business disruptions and/or shutdowns. After over a year of media articles, commentary and legal webinars, employers are likely aware that a temporary layoff is presumptiv…
View the post titled COVID-19 temporary layoffs: Not constructive dismissal after all?The SCC’s Greenhouse Gas Pollution Pricing Act Decision: A win for climate change protection, but what’s next?
On March 25, 2021 the Supreme Court of Canada (SCC) released its decision References re Greenhouse Gas Pollution Pricing Act, 2021 SCC 11.1 While the question before the Court was the scope of the federal government’s jurisdiction, the practical effect of the decision was describing ho…
View the post titled The SCC’s Greenhouse Gas Pollution Pricing Act Decision: A win for climate change protection, but what’s next?The future of remote work: Important employer considerations
For many employers, the last 15 months has been a forced experiment on whether large segments of their workforce are able to effectively and efficiently work from home. Some employers have been surprised by how smoothly operations can run with employees working remotely. Other employers have…
View the post titled The future of remote work: Important employer considerationsClass actions as clone wars?
Ontario Court rejects notion that class members must be “clones.” Judges on a certification motion do understand that class members are not clones and even if they were clones, judges understand that individual clones may have had different experiences with the defendant. Commonality is not …
View the post titled Class actions as clone wars?Securities regulators target Poloniex, an unregistered cryptocurrency exchange
Canadian regulators have escalated their confrontation with unregistered Crypto-Platforms.1 On May 25, 2021, the OSC issued a Notice of Hearing and Statement of Allegations2 accusing Polo Digital Assets, Ltd., a Crypto-Platform operating under the name Poloniex, of registration and disclosur…
View the post titled Securities regulators target Poloniex, an unregistered cryptocurrency exchangeReceive Blog Posts
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