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Published on: 1 Feb 2016 By

Thorco seeks leave to appeal to Supreme Court of Canada

On January 26, 2016, Siskinds LLP filed an Application for Leave to Appeal on behalf of John Thordarson and Thorco Contracting Limited (“Applicants”), seeking leave to appeal the Ontario Court of Appeal’s decision. The court awarded Midwest Properties Ltd. judgment against the Applicants, jo…

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Published on: 29 Jan 2016 By

Case Law Update: It’s Still Hard to Fire Employees For Cause

A number of our blog entries have discussed the challenges employers face in ending an employment relationship for cause, without having to provide notice beforehand (or pay in lieu of notice). Generally, employees must engage in serious misconduct before being subjected to what the Courts h…

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Published on: 22 Jan 2016 By

Worker or Independent Operator? Factors to consider

If you are injured while working, determining whether you are legally considered a worker in the course of your employment, or an independent operator, is a critical question that could decide your right to sue for damages. Although a third party could still be sued, the Workplace Safety and…

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Published on: 22 Jan 2016 By

Methane catastrophe in California: implications for cap and trade

Southern California is, at this very moment, in the throes of what is potentially the most prolific gas leak to have ever occurred. The disaster–a methane leak at a natural gas storage facility in Porter Ranch, California–has yet to galvanize the kind of media and popular attenti…

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Published on: 21 Jan 2016 By

Northern Gateway Pipeline requires provincial environmental approval

A BC court has declared that an agreement (Agreement) between the British Columbia Environmental Assessment Office and the National Energy Board is invalid to the extent it purported to remove the need for an environmental assessment approval under BC’s Environmental Assessment Act (EAA). Th…

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Published on: 21 Jan 2016 By

Whittling Down Our Testamentary Freedom

Testamentary freedom – the principle that a person of sound mind is free to leave his or her estate to whomever they like, for whatever reason, and without explanation– is a deeply entrenched notion in Canadian common law and society. However, as those of us in the estates and trust field kn…

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Published on: 19 Jan 2016 By

Cement Manufacturer fined $200,000 for dust discharge

Following a guilty plea in December 2015, Essroc Canada Inc., a cement manufacturer, based in Picton Bay, Ontario, was fined a total of $200,000 plus the 25% victim fine surcharge (an additional $50,000). This was for causing a discharge of dust into the natural environment and for failing t…

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Published on: 15 Jan 2016 By

Dillon to discuss caselaw, legislation at franchise law program

Franchise lawyer Peter Dillon will present a roundup of legislation and 2015 caselaw at the upcoming ‘Practitioner Sessions on Franchise Law’ program, hosted by The Commons Institute. On Feb. 8, Dillon, partner with Siskinds LLP, will present a 30-minute module at the event, scheduled for 2 …

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Published on: 14 Jan 2016 By

Considerations on a Summary Judgment Motion When an Injury Claim is Brought After the Expiry of the Limitation Period: A Case Comment on Farhat v. Monteanu

In this case[1], the injured plaintiff started his case 32 days after the expiry of the 2-year limitation period. A summary judgment motion was brought to address the limitation defence. The plaintiff was injured in a collision on May 18, 2006. He attended with his family doctor 8 days later…

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