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Published on: 8 Jul 2016 By

The Safety Dance: Right to Refuse Work Under Health and Safety Legislation

The Ontario Occupational Health and Safety Act (“OHSA”) provides workers with a number of rights, including the right to refuse work that is “likely to endanger” the worker.[1] When a work refusal occurs there are a number of procedures outlined in the legislation that must be followed and, …

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Published on: 29 Jun 2016 By

Court grants defendant injunction and inspection order to investigate plaintiff’s property

In 2014, Metrus Properties sued Wrigley Canada claiming Wrigley’s neighbouring property had contaminated its property. When Wrigley asked to access the Metrus property to conduct environmental tests, Metrus refused. In April of 2016, the Superior Court of Justice granted an injunction to tem…

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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: 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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