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Published on: 21 Mar 2016 By

The Duty To Accommodate Does Not Require an Employer to Turn Customers Away

A Store Manager for a leather company injured her wrist. Ultimately, the store terminated her position, prompting a human rights application to the Ontario Human Rights Tribunal. As part of this application, the employee argued that the accommodation process required: the employer continue t…

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Published on: 21 Mar 2016 By

2016 Shaping Up To Be ‘Significant’ Year For Franchise Law

(Note: This article was also published on AdvocateDaily.com) The Supreme Court of Canada is set to hear its first franchise case in more than four decades something that, coupled with significant recent decisions, could bring needed balance to the industry, franchise lawyer Peter Dillon tell…

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Published on: 11 Mar 2016 By

PMRA failing to fulfill its mandate

The Federal Commissioner for the Environment and Sustainable Development (“Commissioner”) tabled her audit findings on January 26, 2016 of the management of pesticides by Health Canada’s Pest Management Regulator Agency (“PMRA”). The Commissioner reviewed PMRA’s efforts to protect Canadians …

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Published on: 8 Mar 2016 By

Little Brown Bat the latest critter to shut down proposed wind farm

The Environmental Review Tribunal (“ERT”) has again demonstrated its willingness to allow appeals of renewable energy approvals (“REA”) for wind project on the basis that it will cause serious and irreversible harm to animal life, plant life or the natural environment…

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Published on: 2 Mar 2016 By

General Contractor Dalcon Enterprises fined $80,000

On January 25, 2016, Dalcon Enterprises Ltd., a general contractor, was convicted of two offences and fined $80,000 (plus the 25% victim fine surcharge). The fines were for the discharge of a contaminant that caused an adverse effect and for failing to report the discharge to the Ministry of…

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Published on: 29 Feb 2016 By

Alberta Court of Appeal Upholds Termination of Employee for Cocaine Use That Resulted in Workplace Accident

As most employers know, the Ontario Human Rights Code (the “Code”) prohibits discrimination on the basis of, among other things, “disability”. While the Code’s definition of disability does not specifically include drug or alcohol addiction, the Ontario Court of Appeal confirmed over 16 year…

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Published on: 29 Feb 2016 By

A new approach to assessing resource projects coming down the pipeline?

The environmental review of proposed resource projects in Canada continues to undergo changes of late. Back in 2012, a duo of omnibus bills–Bill C-38 and Bill C-45–introduced significant changes to the way in which resource projects, such as the construction and expansion of pipelines. These…

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