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Published on: 20 Jun 2016 By

Client’s late filing claim represents high standard for counsel

A lawyer’s allegation that his former law firm’s late filing of a statement of claim cost him the chance to sue a car company for his difficulties in establishing a dealership, would represent a high standard for lawyers in terms of going back and analyzing all documents to find out when exa…

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Published on: 17 Jun 2016 By

The importance of properly conducting workplace investigations

If not done properly, conducting a workplace investigation can be costly. This lesson was learned by the Royal Bank of Canada in Lau v. Royal Bank of Canada[1]. Mr. Lau was an account manager at one of RBC’s Vancouver branches. A customer of Mr. Lau’s filed a complaint about the manner in wh…

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Published on: 15 Jun 2016 By

Court confirms PMRA’s duty to conduct special reviews of pesticides

A recent decision out of the Federal Court has confirmed the federal Pest Management Regulatory Agency’s (“PMRA”) duty to conduct special reviews. More specifically, the PMRA must conduct special reviews of any pest control product containing a special ingredient banned for environmental or …

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Published on: 13 Jun 2016 By

“Comfortably Numb”: Medical Marijuana in the Workplace

Traditionally, Canadian courts and arbitrators have upheld discipline against employees who have disobeyed company policies by using or possessing marijuana[1] on company premises. There has generally been no need for the employee to have engaged in dangerous conduct, so long as the employee…

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Published on: 6 Jun 2016 By

Don’t FALL into trouble with the Ministry of Labour this summer!

It’s summer and the livin’ may be easy if you’re on vacation. But if you’re at work, you’d better be working safely! The Ministry of Labour is running a blitz from May 16th until July 15th, focusing attention on falls from height. They’ve warned us that they “will be taking a no tolerance in…

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Published on: 27 May 2016 By

Could an update to the Environmental Registry be coming soon?

Change may soon be coming to the Environmental Registry. The Registry has been crucial to supporting public participation in environmental decision making in Ontario for nearly two decades. Created under the Environmental Bill of Rights, 1993 and administered by the Ministry of the Environme…

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Published on: 27 May 2016 By

Double Jeopardy Also Applies to Employee Discipline

I recently came across the Ontario decision of Garreton v. Complete Innovations Inc.[1] from earlier this year. While an interesting read for a number of employment reasons, it is a good reminder to employers that “double jeopardy” also applies to employee discipline. The relevant facts in t…

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Published on: 20 May 2016 By

$8,000 Fine and $10,950 Restitution Payment for Diesel Fuel Spill

Earlier this month, a truck driver pleaded guilty to failing to provide notice of a diesel fuel spill to the Ministry of Environment and Climate Change (“MOECC”). He was fined $8,000 (plus the 25% victim fine surcharge of $1,250) for the offence, and ordered to pay $10,950.07 in restitution …

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