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Published on: 18 Jan 2019 By

Employers: Post and Distribute the Updated ESA Poster

Under the Employment Standards Act, 2000 (“ESA”), employers must post a copy of the most recent employment standards poster (“ESA Poster”) prepared by the Ministry of Labour in a “conspicuous place” in the workplace. The Ministry of Labour has just released a new version of the ESA Poster, w…

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Published on: 7 Jan 2019 By

New York State Sues Companies for $38M in Remediation Costs

In June 2018 the State of New York sued 3M Co. and five other companies for the costs associated with the remediation of hazardous materials caused by the firefighting foam manufactured by these six companies. This is the first lawsuit of its type filed by a U.S. state against private compan…

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Published on: 7 Jan 2019 By

Uber Decision Calls into Question Arbitration Clauses in Commercial Agreements

The news media has widely reported the Ontario Court of Appeal’s January 3, 2019 decision allowing a class-action by Uber drivers to proceed. The decision does not answer the question of whether Uber (and UberEATS) drivers should be considered employees or independent contractors (a conclusi…

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Published on: 4 Jan 2019 By

Employers: Consider these sample New Year’s resolutions

With the start of a new year comes the opportunity to reflect on your business’s labour relations and start tackling those items on your “to-do” list. Here are three sample New Year’s resolutions that may benefit your business: 1. Revise your template employment contract, if necessary One of…

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Published on: 2 Jan 2019 By

Ontario’s Environment Plan and Reduction of Sulphur Dioxide Emissions Regulation

On November 28th, 2018 the Ministry of Environment, Conservation and Parks (MECP) posted its climate change plan as part of its environmental plan. Preserving and Protecting our Environment for Future Generations: A Made in Ontario Environment Plan (“Environment Plan”) appears to commit Onta…

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Published on: 19 Dec 2018 By

Enforceability of Termination Clauses in Employment Contracts – Trending towards Clarity, or More Uncertainty?

It is a basic principle of employment law in Ontario that employees terminated without cause are presumed to be entitled to common law reasonable notice of termination unless the parties clearly agreed to a different notice period, typically through a termination clause in an employment agre…

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Published on: 18 Dec 2018 By

Ontario Court of Appeal Holds that Deterrence Justifies Minimum Fine in Environmental Prosecution

The Environmental Protection Act and the Ontario Water Resource Act are unique among Ontario’s environmental legislation for containing mandatory minimum fines.[1] A new decision from the Ontario Court of Appeal makes it clear that where minimum fines exist, a trial justice has very narrow d…

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Published on: 12 Dec 2018 By

Bill 66 – Expanded Municipal Zoning Power Would Make Some Environmental Land Use Policies Optional

UPDATE: Government announces that it will not be proceeding with Schedule 10 of the Bill. See update here. On December 6th, 2018, Bill 66, Restoring Ontario’s Competitiveness Act, 2018, passed first reading in the Ontario legislature. The government’s Proposal Summary on the Environmental Re…

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Published on: 12 Dec 2018 By

Remedies of a Commercial Landlord in Ontario

If a tenant defaults on their obligations under a commercial lease, a landlord may wish to pursue a remedy. There are two types of tenant defaults – monetary or non-monetary. The type of default will determine the landlord’s available remedies. A monetary default occurs when the tenant…

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