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Published on: 30 Sep 2014 By

Employer’s Obligation to Accommodate Employee Does Not Extend to Requiring Other Employees to Suffer a Significant Reduction in Pay

For many employers, particularly those in unionized settings, finding appropriate work for employees requiring medical accommodation can be challenging. This is particularly the case where a position that may address an employee’s accommodation needs is occupied by another employee. However, a recent case provides clear guidance to employers that employees need not bear unfair financial...

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Published on: 9 Jun 2014 By

Roles and Responsibilities of Directors of Corporations

We are often asked by individuals starting a business what is the role of the director(s). The following is a general overview of the duties, responsibilities and potential liabilities of acting as a director of a corporation. Directors of corporations are responsible for making decisions regarding the affairs of the business and for supervising and/or...

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Published on: 16 Apr 2013 By (Dianne Saxe)

Environmental Tribunal blocks afterthought grounds for leave to appeal

Ontario’s Environmental Review Tribunal has refused to allow a developer to completely change its proposed grounds for seeking leave to appeal an Environmental Compliance Approval given to an existing industry, under the Environmental Bill of Rights and the Environmental Protection Act. The developer, Brimley Progress Developments, wants to build residential condominiums right next door to...

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Published on: 29 May 2014 By ,

Providing Expert Opinion: be the best witness you can be

Providing expert evidence is an essential part of the legal system, Judges and Juries place significant weight on your opinion. This article outlines the legal duties of an expert and suggests some strategies for making the best presentation in court. Overview The purpose of a trial is to allow a trier of fact (judge or...

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Published on: 30 Mar 2022 By

Who gets the pet during separation or divorce?

So, you’ve just separated from your partner and now face the daunting task of deciding who will get to keep the beloved family pet. In some situations, the matter is resolved without much consideration for family law in Ontario. Sometimes the party that brought a pet into the relationship can often leave with them as...

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Published on: 11 Aug 2014 By (Dianne Saxe)

As minimum fines get higher, is there a work-around?

As minimum fines on multiple charges lead to increasingly unfair results, defence counsel, and occasionally judges, areΒ looking for ways to reconcile the law with what they consider to be just results. Earlier this year, the Ontario Court of Appeal slammed the door shut on two such ideas: credit for compliance with regulatory orders, and concurrent...

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Published on: 9 Jun 2014 By (Dianne Saxe)

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...

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Published on: 4 Apr 2022 By

Labour Law 101:Β the certification application*

What employers need to know about certification applications. Continuing with our labour law basics series, today we will discuss what to do if a union files a certification application with the Ontario Labour Relations Board (β€œOLRB” or the β€œBoard”) seeking to represent some of or all your employees.Β  You received a certification application from a...

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Published on: 28 Apr 2014 By

Waste Diversion Ontario and Stewardship Ontario to arbitrate

Waste diversion in Ontario is spawning an unusual amount of litigation this year. Waste Diversion OntarioΒ (WDO), the delegated administrative authorityΒ which oversees several waste diversion programs under the Waste Diversion Act, is sending its breach of contractΒ dispute with Stewardship Ontario to arbitration. This is separate from theΒ Blue Box funding arbitration that began last week before arbitrator...

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Published on: 19 Mar 2014 By

Proposed legislation would make the roads safer for cyclists

On Monday, the ProvinceΒ announcedΒ new legislation that would improve cyclist safety on Ontario’s roads and highways.Β If passed, the proposed Keeping Ontario’s Roads Safe Act and supporting amendments to the Highway Traffic ActΒ will: Increase fines for distracted driving from a range of $60 – $500 to a range of $300 – $1,000 and assign three demerit points...

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