Speeding up Certification by Extending Filing Deadlines?
On July 17, 2019, the Law Commission of Ontario (“LCO”) released its final report, Class Actions: Objectives, Experience and Reforms. The LCO report makes 47 recommendations to reform Ontario’s Class Proceeding Act (“CPA”) and related policies. One major theme of the report is that the speed…View the post titled Speeding up Certification by Extending Filing Deadlines?
Accommodation is a Two-Way Process
The case of Joseph v. Tecumseh Community Development Corporation (2019 HRTO 635) is a good reminder that the process of accommodating human rights in the workplace is a cooperative one, requiring effort and information by both parties. In this case, Ms. Joseph forwarded a human rights comp…View the post titled Accommodation is a Two-Way Process
Truth or Lies: Providing Employment References
Are you one of the growing numbers of Canadian employers who are reluctant to provide employment references for former employees? Concerned you are going to be sued by a former employee for defamation if your reference is not positive enough? Concerned that you are going to be sued for misre…View the post titled Truth or Lies: Providing Employment References
Can an Employee Declare Frustration of the Employment Contract?
More often than not, the employer asserts frustration of the employment contract when an employee is absent on a lengthy medical leave and there is little prospect of a return to work in the foreseeable future. Employers often want to get these employees “off the books”, even though it means…View the post titled Can an Employee Declare Frustration of the Employment Contract?
$2.9M Charge for Spill of Diesel Fuel and Lubricants
On July 16, 2019, Kirby Offshore Marine Operating LLC pled guilty to three charges of violating the Fisheries Act, Migratory Birds Convention Act, 1994, and the Pilotage Act and received fines totally $2.9 million dollars. On October 13, 2016, the tugboat Nathan E. Stewart ran aground at E…View the post titled $2.9M Charge for Spill of Diesel Fuel and Lubricants
Is a Healthy Environment a Fundamental Right of Citizens
On November 26, 2018 ENvironnement JEUnesse (“ENJEU”) filed an application for authorization against the Government of Canada to bring a class action on behalf of all Quebec residents aged 35 and under claiming a right to a clean and healthy environment. The claim alleged that the Canadia…View the post titled Is a Healthy Environment a Fundamental Right of Citizens
Environmental Review Tribunal confirms high evidentiary burden to be removed from an Environmental Protection Act, Section 18 Director’s Order
A July 2, 2019, judgment of the Environmental Review Tribunal in Alizadeh v. Ontario (Environment, Conservation and Parks), 2019 CanLII 62106 (ON ERT), confirms that corporate officers and directors face a high evidentiary burden to rebut the presumption that they are properly named in an En…View the post titled Environmental Review Tribunal confirms high evidentiary burden to be removed from an Environmental Protection Act, Section 18 Director’s Order
Closure of White Pines Wind Facility in Price Edward County, Ontario
On July 3, 2019, the Ontario Ministry of the Environment, Conservation and Parks (“MECP”) posted its notice of decision with respect to regulations to govern the closure of the White Pines Wind Project. The White Pines Wind Project was a Class 4 Energy Project (with a nameplate capacity of 1…View the post titled Closure of White Pines Wind Facility in Price Edward County, Ontario
Michigan car crashes and available insurance benefits
After a car crash, your Ontario auto insurance should pay for medical care expenses, rehabilitation, attendant care, and lost wages, amongst other things. These benefits are available regardless of who caused the crash, and are available to you if your accident happened anywhere in Canada or…View the post titled Michigan car crashes and available insurance benefits
Federal Carbon-Pricing Scheme is Constitutional: A Review of the Reference re Greenhouse Gas Pollution Pricing Act, 2019 ONCA 544
Last week, the Ontario Court of Appeal released its decision in Reference re Greenhouse Gas Pollution Pricing Act, 2019 ONCA 544 on the constitutionality of the federal carbon pricing scheme. The Court held that the Greenhouse Gas Pollution Pricing Act, which imposes charges for various fuel…View the post titled Federal Carbon-Pricing Scheme is Constitutional: A Review of the Reference re Greenhouse Gas Pollution Pricing Act, 2019 ONCA 544
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