‘Tis the Season: A Refresher on Social Host Liability
Another year is coming to an end. ‘Tis the season of holiday parties with friends, family, and colleagues. Amid this festivity, a reminder about the law on social host liability is apropos. The leading case on social host liability is Childs v Desormeaux, where the Supreme Court of Canada…Continue reading the post titled ‘Tis the Season: A Refresher on Social Host Liability
6 Key Elements of a Business Succession Plan
Recently, the Canadian Federation of Independent Business (“CFIB”) suggested that “some 72% of business owners intend to exit their businesses within the next decade, with over 1.5 trillion dollars’ worth of business assets to be transferred to a new generation of business owners”. This s…Continue reading the post titled 6 Key Elements of a Business Succession Plan
Changes are Coming: 2020 Amendments to the Simplified Procedure
The new year will be ushered in with substantial changes to Rule 76 of the Rules of Civil Procedure relating to the simplified procedure, with amendments taking effect on January 1st, 2020. Related changes to the Courts of Justice Act have also been implemented. The amendments are part of an…Continue reading the post titled Changes are Coming: 2020 Amendments to the Simplified Procedure
Investigations and Inspections
What to do when the Ministry of the Environment, Conservation and Parks comes knocking It can be unnerving when a provincial officer from the Ministry of the Environment, Conservation and Parks (“MECP”) shows up at your business unannounced. Being prepared, and understanding your rights and …Continue reading the post titled Investigations and Inspections
$100,000 Fine for Smoke Discharge
On November 28, 2019 Clean Harbors Canada Inc., (“Clean Harbors”) pled guilty to violating the Environmental Protection Act on June 12, 2017 due to the discharge of a contaminant, namely smoke into the natural environment, and was fined $100,000 plus the 25% victim fine surcharge. The compa…Continue reading the post titled $100,000 Fine for Smoke Discharge
Know Your Privacy Rights
A Recent Update from the Office of the Privacy Commissioner of Canada Provides Insight into the Prevalence and Effect of Data Breaches in Canada In the digital age, the Internet plays a significant role in the daily lives of Canadians. Along with the benefits it brings in terms of connectivi…Continue reading the post titled Know Your Privacy Rights
Public Holiday Pay: Is Your Absent Employee Entitled To It?
Section 26 of Ontario’s Employment Standards Act, 2000 (“ESA”) outlines an employer’s compensation obligation towards their employees when a public holiday falls on a regular work day. In order to be entitled to public holiday pay, the employee must pass the “Last and First Rule” – which req…Continue reading the post titled Public Holiday Pay: Is Your Absent Employee Entitled To It?
Class Counsel Can Continue to Represent Class Members where a Conflict of Interest Arises with Provincial Health Insurers
In Perdikaris v. Purdue Pharma, 2019 SKQB 281, the Chief Justice of the Saskatchewan Court of Queen’s Bench has ruled that a conflict of interest between Provincial Health Insurers (“PHIs”) and the Representative Plaintiffs and/or Class Members that emerges as the matter proceeds will not au…Continue reading the post titled Class Counsel Can Continue to Represent Class Members where a Conflict of Interest Arises with Provincial Health Insurers
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…Continue reading the post titled Under Suspicion: Top 10 Tips for Conducting a Workplace Investigation
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, …Continue reading the post titled Can employers ask job-applicants if they are eligible to work in Canada on a “permanent basis”? That’s the $120k question.