Ontario court: purchaser in asset transaction cannot rely on release between employee and seller
“Privity of contract” is a common law tradition. The rights and obligations imposed by contracts are private – strangers to the contract generally have no entitlement to enforce such rights or obligations. But what happens when the employee of the seller of a business sues the buyer for wrongful dismissal after settling all employment-related claims...
Continue reading the post titled Ontario court: purchaser in asset transaction cannot rely on release between employee and sellerEnvironmental Review Tribunal confirms high evidentiary burden to be removed from an Environmental Protection Act, Section 18 Director’s Order
A July 2, 2019, judgment of the Environmental Review Tribunal in Alizadeh v. Ontario (Environment, Conservation and Parks), 2019 CanLII 62106 (ON ERT), confirms that corporate officers and directors face a high evidentiary burden to rebut the presumption that they are properly named in an Environmental Protection Act (“EPA”), Section 18 Order. Section 18 of...
Continue reading the post titled Environmental Review Tribunal confirms high evidentiary burden to be removed from an Environmental Protection Act, Section 18 Director’s OrderWhat the Cost of Your Training Kit Says About Your Multi-Level Marketing Company
For aspiring multi-level marketing (“MLM”) or direct selling (“DS”) companies, a positive written opinion by Canada’s Competition Bureau is an important first step in the operational success of their business. However, early decisions in the pricing of “starter kits” or “training kits” can jeopardize that opinion and derail their business before it ever gets to...
Continue reading the post titled What the Cost of Your Training Kit Says About Your Multi-Level Marketing CompanyRecent Court of Appeal Decision Classifies Structured Settlements as “Income” not “Property”
In a recent decision, Hunks v Hunks, 2017 ONCA 247, the Court of Appeal ruled that structured settlement payments received after separation to replace lost wages should be classified as “income” not “property” for the purpose of calculating equalization and support. In Hunks v Hunks, the wife was injured in an accident during the marriage....
Continue reading the post titled Recent Court of Appeal Decision Classifies Structured Settlements as “Income” not “Property”How Will My Personal Injury Settlement Affect My Family Law Separation or Divorce?
When a personal injury matter settles, there are two primary ways the settlement can be paid out for an adult claimant: a lump sum cash payment, or a structured settlement. A structured settlement is created when some or all of a personal injury settlement is deposited with a life insurance company in exchange for guaranteed...
Continue reading the post titled How Will My Personal Injury Settlement Affect My Family Law Separation or Divorce?Coffee giant, franchisee group close to settling two class action lawsuits
Franchise lawyer Peter Dillon recently spoke with Advocate Daily about a Canadian coffee giant and frustrated franchisees that appear to be close to reaching a settlement in two class action lawsuits. See the full article below. Coffee giant, franchisee group close to settling two class action lawsuits A Canadian coffee giant and an association representing...
Continue reading the post titled Coffee giant, franchisee group close to settling two class action lawsuitsRight to a healthy environment?
Do governments owe us clean air and clean water? Many Canadians expect our government to protect us from contamination and other environmental harms in outdoor air, water and land. But is this a legal right?
Continue reading the post titled Right to a healthy environment?Federal govt proposes new air pollution regulations
The federal government has proposed a major set of new air pollution regulations to reduce industrial-source air pollution, starting with performance standards for the cement sector and two equipment types: gaseous-fuel-fired non-utility boilers/ heaters and stationary spark-ignition gaseous-fuel-fired engines. The regulations would also achieve modest reductions in greenhouse gas emissions. According to the regulatory impact...
Continue reading the post titled Federal govt proposes new air pollution regulationsWhy buy a contaminated site, then sue?
I continue to be amazed by the number of people who knowingly (or carelessly) buy a contaminated site, wrongly assuming that they will have an automatic right to successfully sue a neighbour for the cost of cleanup. What advice are they getting from the real estate and litigation bar? I can’t think of a single case (except...
Continue reading the post titled Why buy a contaminated site, then sue?Will 3D printers save rhinos from extinction?
The international trade in endangered species is a lucrative business, with some recent estimates putting its worth at up to $20 billion annually, making it one of the most profitable international crimes, behind the illegal drug trade, the illicit arms trade, and human trafficking. The impacts of the illicit trade in wildlife are truly dire....
Continue reading the post titled Will 3D printers save rhinos from extinction?Receive Blog Posts
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