A Case Study in the Protection of Class Members’ Rights: Forthcoming Compensation for Residential Schools Survivors
In Canada, class actions are supervised closely by the courts, which are obligated to protect the rights of absent class members. Accordingly, all of the major steps in class actions litigation require court approval. If there are questions about the conduct of a class action, affected parties are able to seek directions from the court. The following is...
Continue reading the post titled A Case Study in the Protection of Class Members’ Rights: Forthcoming Compensation for Residential Schools SurvivorsNew SCC Decision Finds Paid Administrative Suspensions Can Trigger Constructive Dismissals
Most employers are familiar with the most common changes to employment contracts that can trigger a constructive dismissal: changing pay, hours, demotions, duties, work location, etc. However, in the March 2015 decision of Potter v. New Brunswick Legal Aid Services Commission, the Supreme Court of Canada overturned two lower court decisions, finding that an 8-week...
Continue reading the post titled New SCC Decision Finds Paid Administrative Suspensions Can Trigger Constructive DismissalsRecent 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”What To Consider When Hiring A Personal Injury Lawyer
When hiring a personal injury lawyer, you should consider their experience, reputation, and location. Experience: Lawyers work on business deals, transfer real estate, create wills, and argue in court. Lawyers can handle a variety of legal issues, or be specialized, focusing on business disputes, family law, wills and estates, or representing injured people. Choosing a lawyer with...
Continue reading the post titled What To Consider When Hiring A Personal Injury LawyerUP, UP, AND AWAY: What’s new with Notice periods?
Unfortunately for employers, there is a fair bit new with notice periods and not in a welcome direction. While 24 months has typically been viewed as the upper end of reasonable notice periods, there have been a number of decisions recently which have challenged that assumption. In Markoulakis v. SNC-Lavalin Inc.[1], the court awarded a...
Continue reading the post titled UP, UP, AND AWAY: What’s new with Notice periods?Recent Case Highlights Importance of Severability Clauses in Employment Agreements
Most employers want simple, friendly hiring documents that are easy to understand and don’t look like they were drafted by lawyers. Trust me – I get it! To achieve this goal, employers sometimes want to remove important legal clauses from their offer letters or employment agreements. Most commonly removed are the legalistic boilerplate type clauses generally...
Continue reading the post titled Recent Case Highlights Importance of Severability Clauses in Employment AgreementsContracts and the doctrine of good faith – A New Era
In Bhasin v Hrynew, the Supreme Court of Canada made a significant ruling regarding the duty of good faith in contract relationships. This will provide guidance to an area of Canadian law described as “piecemeal, unsettled and unclear.”. In this article, Cole Vegso provides a brief explanation of the decision and considers some of the...
Continue reading the post titled Contracts and the doctrine of good faith – A New EraCross-Border Cooperation in Class Action Litigation
This is an excerpt from an article written by Siskinds Class Action lawyers Ron Podolny and Daniel Bach and originally published by the American Association for Justice. Introduction Counsel in Canada and the U.S. frequently pursue parallel class actions on the basis of identical allegations, against the same defendants. For instance, most defective consumer products that...
Continue reading the post titled Cross-Border Cooperation in Class Action LitigationNRTEE releases new report on sustainable water use
In Changing Currents: Water Sustainability and the Future of Canada’s Natural Resources Sector, the National Roundtable on the Environment and the Economy (NRTEE) concluded that Canada’s structures for management and governance of water resources weren’t equipped for what the report called an “uncertain water future”. In its new report released on November 17, 2011, Charting...
Continue reading the post titled NRTEE releases new report on sustainable water useWhen Is a Layoff Not a Layoff?
Q. When Is a Layoff Not a Layoff? A. When it’s a termination. A recent decision of the Ontario Superior Court has given some employers confidence that they will always be allowed to lay off employees provided they follow the requirements of the Employment Standards Act, 2000 (“the ESA”). Unfortunately, we think that confidence may well...
Continue reading the post titled When Is a Layoff Not a Layoff?Receive Blog Posts
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