Beyond “9 to 5”: Understanding Ontario’s overtime rules
Aside from some “tweaks”, not much has changed when it comes to the Ontario’s overtime rules in many years. Why then do I see so much employer non-compliance? Are employers unaware of their overtime rights and responsibilities? Or do they simply choose not to comply and hope no one compla…View the post titled Beyond “9 to 5”: Understanding Ontario’s overtime rules
Termination clause update: The unclear impact of Andros v. Colliers Macaulay Nicolls Inc., 2019 ONCA 679
I have previously discussed the enforceability of termination clauses in former blog posts, available here and here. In short, a long history of inconsistent and amorphous case law has created significant uncertainty among lawyers attempting to advise their clients about whether a given term…View the post titled Termination clause update: The unclear impact of Andros v. Colliers Macaulay Nicolls Inc., 2019 ONCA 679
Federal carbon tax appealed to Supreme Court
On August 28, 2019 the Minister of Environment, Conservation and Parks announced Ontario’s appeal of the Court of Appeal’s decision on the constitutionality of the federal Greenhouse Gas Pollution Pricing Act to the Supreme Court of Canada. In making the announcement the Minister stated: …View the post titled Federal carbon tax appealed to Supreme Court
What can you ask for in a medical certificate?
Many employers have often had the experience of receiving a vague doctor’s note from an employee that reads something along the lines of, “this individual is unable to work for X weeks”. Employers are left wondering: Why? Can I be sure this is legitimate? Is the employee likely to return aft…View the post titled What can you ask for in a medical certificate?
The Marine Liability Act and the “polluter pay” regime: A review of the Court’s decision in British Columbia v. The administrator of the Ship-source Oil Pollution Fund, 2019 BCCA 232
Earlier this summer, the British Columbia Court of Appeal dismissed an appeal by the Province of British Columbia concerning the Province’s liability for oil pollution under the federal Marine Liability Act, S.C. 2001, c.6. The pollution in question had emanated from a derelict vessel of whi…View the post titled The Marine Liability Act and the “polluter pay” regime: A review of the Court’s decision in British Columbia v. The administrator of the Ship-source Oil Pollution Fund, 2019 BCCA 232
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…View the post titled OTLA Blog: Car seat safety information that every parent should know
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…View the post titled We (do not?) have a deal: Mutual agreement on essential terms will make settlement binding
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…View the post titled Ontario government moving towards further auto insurance reforms
Vedanta Resources PLC v Lungowe,  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…View the post titled Vedanta Resources PLC v Lungowe,  UKSC 20
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…View the post titled Ministry of Finance seeks to prevent insurers from improperly including HST in accident benefit limits
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