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Published on: 19 Sep 2019 By

Beyond β€œ9 to 5”: Understanding Ontario’s overtime rules

Aside from some β€œtweaks”, not much has changed when it comes to the Ontario’s overtime rules[1] in many years.Β Why then do I see so much employer non-compliance? Are employers unaware of their overtime rights and responsibilities?Β Or do they simply choose not to comply and hope no one complains? For those employers into the former category,...

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Published on: 20 Jan 2020 By

When is an investigation β€œappropriate in the circumstances”?

Every investigator has had one of β€œthose” files. Allegations are abundant, historical, and/or about things like β€œhe walked past me once without speaking to me.” Can an investigator refuse to look into allegations if they are ancient? What if they wouldn’t constitute harassment even if they can be proven? So far, the case law has...

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Published on: 7 Jan 2015 By

New Amendments to the Employment Standards Act, 2000 May Require Employers to Find Themselves Guilty of Violating the Act

The majority of employers in Ontario are required to abide by the Employment Standards Act, 2000 (the β€œESA”), legislation that includes standards for, among other things, the provision of a minimum wage, statutory holiday pay, overtime and limitations on hours of work. Where employees believe that their rights under the ESA have been violated, they...

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Published on: 22 Apr 2020 By

Approvals from federal authorities may not protect against charges under provincial environmental laws

In R v Great Lakes Stevedoring Company Ltd,[1]companies are given a stark reminder that provincial environmental laws and regulations must be complied with notwithstanding compliance with all applicable federal laws and regulations and operating exclusively on federal property. Great Lakes Stevedoring Company Ltd. (β€œGreat Lakes”), a stevedoring operation on the Welland Canal in the St....

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Published on: 26 Oct 2017 By

The Court of Appeal for Ontario Provides Welcome Clarity on Certification of International Classes

TheΒ Court of Appeal for Ontario released its much-anticipated decision in the Airia Brands Inc. v. Air Canada air cargo price-fixing litigation last week. The Court was asked to determine the test for jurisdiction over non-resident class members and whether the test was met in this case. Siskinds LLP acted for the Plaintiffs/Appellants (non-resident class members),...

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Published on: 16 Dec 2022 By (She/Her)

My child suffered an injury at birth, can I start a lawsuit?

While the birth of a new child can be a joyous time, it can also be difficult, particularly if the child suffers an injury at birth during labour or delivery. In addition to adjusting to the new roles of parents and caregivers of an injured child, the question of whether the birth injury was preventable...

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Published on: 26 Jun 2015 By

New study of franchise territories – it’s not law, but still interesting

By Peter Dilon for AdvocateDaily.com A recent study conducted by Franchisegrade.com of the scope and extent of territorial protection granted by U.S. franchisors is of interest to anyone practicing in this area, whether for franchisors or franchisees. The study used as its source 654 franchise disclosure documents registered in 2015 with various state authorities, to...

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