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Published on: 20 Nov 2019 By

Under Suspicion: Top 10 Tips for Conducting a Workplace Investigation

Workplace investigations are an important process in any workplace. In some cases they are required by legislation and in others they are just good practice. Before conducting your own internal workplace investigation, be sure you have considered all of the points below. 1. Pick an investiga…

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Published on: 15 Nov 2019 By

Can employers ask job-applicants if they are eligible to work in Canada on a “permanent basis”? That’s the $120k question.

As a part of their job-application process, many employers ask applicants a question about the applicant’s ability or eligibility to work in Canada. Depending on the exact wording of that question, it may violate the Human Rights Code (the “Code”). Such a violation could be costly. In 2018, …

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Published on: 12 Nov 2019 By

Government, energy corporation can be sued in class action for flood damage says Newfoundland Court

Flooding is a major issue for many Canadians, often causing severe damage and consequent economic harm. The federal government has warned that extreme flooding is the new reality of climate change,[1] and the five most destructive floods in Canadian history have all occurred since 2010.[2]  …

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Published on: 8 Nov 2019 By

What Are Your Environmental Rights in Ontario? An Overview of the Environmental Bill of Rights, 1993, S.O. 1993, c 28

Is there a right to a healthful environment in Ontario? Who has that right and what does it entail? Does the public have any say in the government’s ability to make environmentally significant decisions? These questions are the subject of longstanding and ongoing debates in Canadian environm…

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Published on: 5 Nov 2019 By

Class Members, No Rights to Appeal Settlement Approval

On October 17, 2019 the Court of Appeal of Ontario released its decision in Bancroft-Snell v. Visa Canada Corporation, 2019 ONCA 822. The Court of Appeal’s unanimous five-judge panel decision confirmed individual class members have no right to appeal settlement approval orders even where the…

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Published on: 15 Oct 2019 By ,

Marriott Privacy Class Action: Ontario Court’s Decision on Carriage Paves the Way to Addressing the Problematic Multiplicity of Class Actions Across Canada

In a recent carriage decision, Winder v Marriott, 2019 ONSC 5766 (“Winder”), Siskinds LLP was appointed as Class Counsel of a national class proceeding out of Ontario against Marriott International, Inc., Luxury Hotels International of Canada, ULC, and Starwood Canada ULC on behalf of all Ca…

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Published on: 11 Oct 2019 By

Court: illegality of “for cause” termination provision in employment agreement does not taint distinct “without cause” termination provision

An Ontario summary judgment decision released October 3, 2019 has confirmed that an enforceable “without cause” termination clause is not unenforceable on the sole basis that, elsewhere in the employment contract, the “for cause” termination clause violates the Employment Standards Act, 2000…

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Published on: 9 Oct 2019 By

Advocate Daily: Google’s landmark win could set precedent for Canada

A landmark case from the European Union’s top court could spur Canada to create its own “right to be forgotten” laws, says cybersecurity lawyer Peter Dillon in a recent interview with AdvocateDaily.com. See the full article below. Google’s landmark win could set precedent for Canada By Mia C…

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Published on: 2 Oct 2019 By

Ontario court: purchaser in asset transaction cannot rely on release between employee and seller

“Privity of contract” is a common law tradition. The rights and obligations imposed by contracts are private – strangers to the contract generally have no entitlement to enforce such rights or obligations. But what happens when the employee of the seller of a business sues the buyer for wron…

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