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Corporate Lawyers

Bill 47 – Amendments to the Labour Relations Act, 1995

Written by on November 14, 2018.

The legislation governing unionized workplaces in Ontario, the Labour Relations Act, 1995 (the “LRA”) will be amended by the Ontario government if the Making Ontario Open for Business Act, 2018 (“Bill 47”) passes in its current form.  Expected changes will include the following: Repeal of Union’s ability to obtain a list of employees Currently, s, 6.1 allows a trade union to obtain a list of employee names and contact information if the union obtains membership cards from twent...

Everything is electronic: Implementing electronic delivery of franchise disclosure documents and electronic execution of documents

Written by on November 09, 2018.

Everything is electronic. It certainly feels that way. Even in areas that are slow to adopt change, digital is taking over. While many franchise systems are on the cutting edge of technology in their offerings and their methods of conducting business with clients, the processes of selling franchises have taken longer to fully embrace the digital wave. This is not doubted attributable to the many advantages of conducting aspects of the franchise sales process using electronic means – efficiency...

Bill 47, Making Ontario Open for Business Act, 2018

Written by on November 09, 2018.

Many businesses that are provincially-regulated employers in Ontario have spent the better part of last year changing their workplace policies to ensure compliance with the labour reforms implemented by the Wynne government in the Fair Workplaces, Better Jobs Act (“Bill 148”). However, such businesses should be aware that Ontario’s recently elected Progressive Conservative government has tabled the Making Ontario Open for Business Act, 2018 (“Bill 47”) which, if passed in its current f...

Is Bill 148 being scrapped in its entirety?

Written by on October 03, 2018.

Premier Doug Ford was quoted yesterday (Tuesday October 2, 2018) in the legislature as saying, “We’re getting rid of Bill 148. We’re going to make sure we protect the front-line workers.” His Economic Development Minister Jim Wilson was quick to slow down the move, saying, “There are parts that we will keep and there are parts that probably will go” and went on to say that the process is under review. Recently, Ford announced that the minimum wage increase scheduled for January 1,...

Cities could add another layer to data protection

Written by on September 28, 2018.

Protecting citizens' private online information is so important that municipalities are even stepping up to provide another layer of protection to consumers, On Nov. 6, voters in San Francisco will decide whether to enact a municipal “Privacy First Policy.” If passed, businesses in the city would be required to disclose their data collection policies and obtain input from communities impacted when drafting them, says Peter Dillon, a partner with Siskinds LLP. Read the full article featu...

Ontario Government Announces WSIB Premium Relief for Employers

Written by on September 27, 2018.

On September 26, the government of Ontario announced that Workplace Safety and Insurance Board (“WSIB”) premium rates for employers will be reduced due to a steep reduction in the WSIB’s Insurance Fund’s unfunded liability. In the announcement, the provincial government stated that “the WSIB will be able to cut the average premium rate for employers by almost 30 per cent, starting January 1, 2019.” According to the WSIB, premiums for Schedule 1 employers will decrease from an aver...

Cannabis Retail in Ontario: Franchising as a Business Model

Written by on September 21, 2018.

In the wake of federal plans to legalize recreational cannabis use,[1] the Western Provinces announced licensing schemes for private sale. A number of cannabis companies, such as Canndara, Spiritleaf, and Starbuds, began the process of organizing franchise systems with a view to exploiting this new market. In Ontario, the former Liberal government had spurned the approach of the Western Provinces in favour of a public monopoly. In June 2018, that government was ousted by Doug Ford’s Progressiv...

DIY investors fight back against trailer fees

Written by on September 17, 2018.

Trailing commissions (also known as trailer fees) are intended to compensate mutual fund dealers, such as discount brokers, for investment advice they provide to investors. However, discount brokers are prohibited from providing investment advice under the law. Siskinds LLP is pursuing claims on behalf of retail investors who have paid trailing commissions on mutual funds held in discount brokerage accounts. In this 3 minute CBC report, watch Steve Pozgaj’s story about paying almost $5,000 ...

Franchise rescission no relief from loan obligations

Written by on August 31, 2018.

Last week, Perell J. granted summary judgment to the Royal Bank of Canada (“RBC”) for indebtedness owed by Everest Group Inc. (“Everest”), a franchisee which had sought to rescind its franchise agreement.[1] Perell J. refused to require the bank to forebear exercising its rights until the franchisee could be refunded amounts claimed in accordance with the rescission. In late 2015, Everest entered into a franchise agreement with Paramount Fine Foods to operate a restaurant at Yorkdale ...

Divisional Court overturns Ontario Labour Relation Board’s certification of construction bargaining unit integral to telecommunications

Written by on August 29, 2018.

In a significant victory for employers engaged in construction work in federally-regulated sectors, the Divisional Court in Labourers’ International Union of North America, Ontario Provincial District Council v Ramkey Communications Inc [1]has overturned an Ontario Labour Relations Board (“OLRB”) decision suggesting that all contractors performing construction work were subject to provincial labour relations laws, regardless of how vital, essential, or integral that work was to the federal...