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Published on: 23 Aug 2017 By

Just Cause: All’s Well That Ends Well, But in the Meantime…

It’s not news to readers of this blog that proving just cause for the dismissal of an employee is a high hurdle. Our clients also know that we usually recommend the continuation of a dismissed employee’s group benefits during negotiations post-dismissal. Now there’s a case to highlight the i…

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Published on: 21 Aug 2017 By

EU-US Privacy Shield Framework – Does it Apply to Your Business?

Background In late 2015, the highest court in the European Union invalidated the Safe Harbor data-transfer framework that ruled over the transmission of personal data between the EU and U.S. for approximately 15 years. The European Court of Justice held that the U.S. government’s repeated an…

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Published on: 18 Aug 2017 By

Canada Consumer Product Safety Act – Does it Apply to Your Business?

The Canada Consumer Product Safety Act (“CCPSA”) has the stated purpose of protecting the public by addressing or preventing dangers to human health or safety that are posed by consumer products in Canada, including those products that are imported.[1] The legislation defines a “danger to hu…

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Published on: 17 Aug 2017 By

Going to Court in Ontario: Selecting the Proper Jurisdiction to Commence Your Claim

Summary This article provides a comparative review of the two venues to commence your legal action in Ontario. Overview If you have suffered a wrong (i.e. breach of contract) you may commence a legal proceeding in an Ontario court. You may do so in Small Claims Court (“SCC”) or in the Superi…

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Published on: 3 Aug 2017 By

Partial resolution to ongoing litigation related to 2008 oil spill in Kawartha Lakes

In the latest twist in a long-standing saga, the Superior Court of Justice has ruled partially in favour of a landowner upon whose property in Kawartha Lakes an oil spill. In mid-December, 2008, Thompson Fuels (“Thompson”) delivered 700 litres of fuel oil to the residence of Wayne Gendron. T…

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Published on: 31 Jul 2017 By

Frustration of Employment Contract: What to Consider Before Throwing in the Towel

Like any contract, an employment contract can be “frustrated” when continued performance of the contract becomes impossible or would be radically different because of a dramatic change in circumstances. Employers typically raise frustration of contract to formally end the employment relation…

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Published on: 28 Jul 2017 By

NAFTA Reform, Investor-State Dispute Settlement, and Environmental Regulation

Canada, the United States, and Mexico are set to begin the re-negotiation of the North American Free Trade Agreement (“NAFTA”) in August. The foreign investment protection chapter (Chapter 11) is likely to be among other contentious aspects of the treaty to be addressed. Chapter 11 protects …

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