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Published on: 1 Feb 2019 By

Conservation Ontario’s 2019 Budget Consultation Submission

Conservation Ontario, the non-profit association that represents Ontario’s 36 Conservation Authorities, has made their submission for the 2019 Ontario Budget Consultation publicly available on their website, and here’s what we’ve learned: The Province of Ontario currently provides Ontario’s …

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Published on: 30 Jan 2019 By

Verbal References: The Truth Shall Set You Free

Some employers are wary about providing references for former employees, fearing a defamation lawsuit. However, a recent decision of the Divisional Court suggests that negative references that are substantially true and provided without malice may not be defamatory. In the trial decision of …

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Published on: 28 Jan 2019 By

Ford Loses Motion to Dismiss Ecojustice Case for Cancelling Cap and Trade

The recent attempt of the Ford government to dismiss a court case against them brought by Greenpeace Canada, represented by Ecojustice[1], failed on January 26, 2019. Ecojustice filed a lawsuit against the Government of Ontario for failing to consult the public when it ended Ontario’s cap an…

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Published on: 25 Jan 2019 By

Proposed new “Open-for-business” by-law authority scrapped

On Wednesday January 23, 2018, the Ontario Minister of Municipal Affairs and Housing announced that the government would not be proceeding with Schedule 10 of Bill 66. As I wrote here, Schedule 10 proposed to give municipal governments expanded authority under their Planning Act, section 34,…

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Published on: 21 Jan 2019 By

Ontario Environmental Review Tribunal Upholds Another Wind Turbine Approval

On January 4th, 2019, the Ontario Environmental Review Tribunal (“Tribunal” or “ERT”) issued another decision in the long list of dismissed appeals of wind turbine approvals (“Renewable Energy Approvals” or “REAs”). The crux of the 143 page decision in Concerned Citizens of North Stormont v.…

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Published on: 21 Jan 2019 By ,

Why Failing to Immediately Disclose a Litigation Agreement in Multi-Party Litigation is Dangerous and Costly

Summary Litigation agreements in multi-party litigation are required to be immediately disclosed to the other parties in the litigation (“Other Parties”). A litigation agreement is broadly defined as an agreement that has the effect of changing the adversarial position of the parties set out…

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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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