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Published on: 4 Nov 2016 By

Ongoing Evolution in the Law of Termination Provisions

Recent case law continues to address the enforceability of contractual provisions which try to limit employees’ entitlements on termination. Lawyers for terminated employees are keen to attack the validity of these clauses in an attempt to remove any cap on entitlements and extend the reason…

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Published on: 2 Nov 2016 By

ERT concludes turbine project will cause serious harm to human health

The Environmental Review Tribunal (“Tribunal”) has for the first time concluded that a wind turbine project would cause serious harm to human health. The Tribunal also concluded, as it did in an earlier case, that the project would cause serious and irreversible harm to an endangered bat spe…

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Published on: 1 Nov 2016 By

Ontario’s Human Rights Tribunal forges its own path on family status

The Ontario Human Rights Tribunal says it has “clarified” its test for discrimination on the basis of family status. Noting it is not bound by the decisions of other tribunals or courts outside Ontario, the Tribunal has now gone back to basics, but whether the test is any more clear remains …

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Published on: 28 Oct 2016 By

When is a pit a “pit”?

The recent Ontario Court of Justice appeal decision in R v AJL Janssen Landscaping Ltd has offered some guidance as to the definition of “pit” under section 1(1) of the Aggregate Resources Act (“ARA”). AJL Janssen Landscaping (“AJL”) is a landscaping, road building, excavation, drilling, and…

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Published on: 26 Oct 2016 By

More Stringent Regulatory Requirements – Water Taking

The Ministry of the Environment and Climate Change (“MOECC”) has posted a draft regulation to the Environmental Registry proposing to establish a moratorium on the issuance of new or increasing permits to take water for the purposes of water bottling. We previously blogged about the water ta…

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Published on: 12 Oct 2016 By

How Should Employers Address Workplace Sexual Harassment?

Sexual harassment is front and centre in the news these days. That means your employees are thinking about it, talking about it, and maybe considering the merits of filing a complaint. While this might make for a stressful and potentially expensive time for employers, there are ways to limit…

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