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Published on: 23 Sep 2019 By

Risky business: Alleging cause if you don’t have it

So you have a problem employee that you want to terminate. Your employment lawyer reminds you that you would owe nothing to the employee in a “for cause” termination, but that it’s unlikely that you could prove cause in the circumstances. She then goes on to assess your common law reasonable…

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Published on: 20 Sep 2019 By

Godfrey v Sony: Supreme Court protects victims of price-fixing conspiracies

On September 20, 2019, the Supreme Court of Canada issued a decision in Godfrey v Sony Corp., a class action related to alleged price-fixing in the market for optical disc drives (“ODDs”). The decision provides clarity on four significant issues in price-fixing litigation. The Co…

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Published on: 19 Sep 2019 By

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[1] 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…

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Published on: 9 Sep 2019 By

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…

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Published on: 27 Aug 2019 By

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…

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Published on: 22 Aug 2019 By (She/Her)

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…

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Published on: 20 Aug 2019 By

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…

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Published on: 19 Aug 2019 By ,

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…

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