Blue Heron Deaths Results in $2.75M Fine
On January 2, 2019 Syncrude Canada Ltd. pled guilty in the Alberta Court to one count of violating the Migratory Birds Convention Act, 1994 along with several provincial charges. An abandoned sump pond by Syncrude at one of its oilsands mines north of Fort McMurray resulted in the death of 3…Continue reading the post titled Blue Heron Deaths Results in $2.75M Fine
Employers: Consider these Sample New Year’s Resolutions
With the start of a new year comes the opportunity to reflect on your business’s labour relations and start tackling those items on your “to-do” list. Here are three sample New Year’s resolutions that may benefit your business: 1. Revise your template employment contract, if necessary One of…Continue reading the post titled Employers: Consider these Sample New Year’s Resolutions
Ontario’s Environment Plan and Reduction of Sulphur Dioxide Emissions Regulation
On November 28th, 2018 the Ministry of Environment, Conservation and Parks (MECP) posted its climate change plan as part of its environmental plan. Preserving and Protecting our Environment for Future Generations: A Made in Ontario Environment Plan (“Environment Plan”) appears to commit Onta…Continue reading the post titled Ontario’s Environment Plan and Reduction of Sulphur Dioxide Emissions Regulation
“Protective” and “Preventative” Purpose of Ontario’s Environmental Protection Act Justifies Warrantless Inspection Powers
In a decision released December 14, 2018, the Ontario Court of Appeal clarified the legal test that authorizes a warrantless inspection under s. 156(1) of the Environmental Protection Act, R.S.O. 1990, c. E.19 (“EPA”). Facts of the Case In the case, Ontario (Environment and Climate Change) v…Continue reading the post titled “Protective” and “Preventative” Purpose of Ontario’s Environmental Protection Act Justifies Warrantless Inspection Powers
ONCA holds that umbrella purchasers have a cause of action in a price-fixing class action
Shah v LG Chem Ltd., 2018 ONCA 819 Background: In this class action, the plaintiffs allege that the defendants conspired to fix the prices of lithium-ion batteries (“LIBs”) in North America and elsewhere between January 2000 and December 2011. As a result, the plaintiffs paid higher prices f…Continue reading the post titled ONCA holds that umbrella purchasers have a cause of action in a price-fixing class action
Enforceability of Termination Clauses in Employment Contracts – Trending towards Clarity, or More Uncertainty?
It is a basic principle of employment law in Ontario that employees terminated without cause are presumed to be entitled to common law reasonable notice of termination unless the parties clearly agreed to a different notice period, typically through a termination clause in an employment agre…Continue reading the post titled Enforceability of Termination Clauses in Employment Contracts – Trending towards Clarity, or More Uncertainty?
What is “shared custody” and how is it calculated?
In family law, the term “custody” usually means decision-making. Having “custody” means having the ultimate decision-making power over important decisions regarding the child, such as what child the school will attend, what religion the child will be raised in, what major recreational activ…Continue reading the post titled What is “shared custody” and how is it calculated?
Ontario Court of Appeal Holds that Deterrence Justifies Minimum Fine in Environmental Prosecution
The Environmental Protection Act and the Ontario Water Resource Act are unique among Ontario’s environmental legislation for containing mandatory minimum fines. A new decision from the Ontario Court of Appeal makes it clear that where minimum fines exist, a trial justice has very narrow d…Continue reading the post titled Ontario Court of Appeal Holds that Deterrence Justifies Minimum Fine in Environmental Prosecution
Are gifts “income” for support purposes?
In a previous article, I set out a list of common situations wherein a court may impute income to a support payor, as set out in the Child Support Guidelines. One situation not specifically included in that list is the situation of “gifts”, which are non-taxable payments that do not appear o…Continue reading the post titled Are gifts “income” for support purposes?
2018 Year In Review For American and Canadian Whistleblower Programs
Fiscal Year 2018 was a nice year for tippers to the U.S. Securities and Exchange Commission (“SEC”) whistleblower program (“SEC program”), thanks to some misbehaving companies. The SEC made record-breaking payouts of about $168 million to 13 whistleblowers in 2018. The SEC program was initia…Continue reading the post titled 2018 Year In Review For American and Canadian Whistleblower Programs