MacQueen class action struck out re Sydney Tar Ponds
The Nova Scotia Court of Appeal has struck out the groundbreaking class action that had been certified relating to contamination from the Sydney Tar Ponds and the associated steel and coke plants: MacQueen v. Ispat Sidbec Inc.Β This is another major setback to plaintiffs in contaminated land cases, following the lead of the Supreme Court of...
Continue reading the post titled MacQueen class action struck out re Sydney Tar PondsBill 47 β Amendments to the Labour Relations Act, 1995
The legislation governing unionized workplaces in Ontario, the Labour Relations Act, 1995 (the βLRAβ) will be amended by the Ontario government if the Making Ontario Open for Business Act, 2018 (βBill 47β) passes in its current form. Β Expected changes will include the following: Repeal of Unionβs ability to obtain a list of employees Currently, s,...
Continue reading the post titled Bill 47 β Amendments to the Labour Relations Act, 1995The Marine Liability Act and the βpolluter payβ regime: A review of the Courtβs decision in British Columbia v. The administrator of the Ship-source Oil Pollution Fund, 2019 BCCA 232
Earlier this summer, the British Columbia Court of Appeal dismissed an appeal by the Province of British Columbia concerning the Provinceβs liability for oil pollution under the federal Marine Liability Act, S.C. 2001, c.6. The pollution in question had emanated from a derelict vessel of which the Province had become the unwilling owner due to...
Continue reading the post titled The Marine Liability Act and the βpolluter payβ regime: A review of the Courtβs decision in British Columbia v. The administrator of the Ship-source Oil Pollution Fund, 2019 BCCA 232In the Family Law Context: Custody and Guardianship of a Minorβs Property
Frequently I meet with clients who inquire about having a Will prepared, given their separation. They express concerns about their child(ren)βs future in the event something happens to them now that they are separated. The typical client may ask about what happens to βcustodyβ of their child(ren) in the event of their death, and have...
Continue reading the post titled In the Family Law Context: Custody and Guardianship of a Minorβs PropertyOntario Court of Appeal clarifies distinction between termination for βcauseβ at common law and for βwilful misconductβ under the ESA
Ontario employers are often surprised to learn that there are two different regimes governing employee termination entitlements. At common law, employees are presumptively entitled to βreasonable noticeβ of termination or pay in lieu unless, among other things, an employee is terminated for βjust causeβ.1 At the same time, employers generally must provide a terminated employee...
Continue reading the post titled Ontario Court of Appeal clarifies distinction between termination for βcauseβ at common law and for βwilful misconductβ under the ESAWhat is a Qualified Disability Trust?
The Qualified Disability Trust (QDT) was created in 2016 to temper changes to the tax rules for testamentary trusts (trusts set up by a Will). All testamentary trusts used to benefit from the graduated tax rates, however this was changed to tax all testamentary trusts at the top marginal rate. The QDT is an exception...
Continue reading the post titled What is a Qualified Disability Trust?Marriott Privacy class action: Ontario Courtβs decision on carriage paves the way to addressing the problematic multiplicity of Class Actions across Canada
In a recent carriage decision,Β Winder v Marriott,Β 2019 ONSC 5766Β (βWinderβ), Siskinds LLP was appointed as Class Counsel of a national class proceeding out of Ontario against Marriott International, Inc., Luxury Hotels International of Canada, ULC, and Starwood Canada ULC on behalf of all Canadian residents whose personal information was accessed by unauthorized parties in or as...
Continue reading the post titled Marriott Privacy class action: Ontario Courtβs decision on carriage paves the way to addressing the problematic multiplicity of Class Actions across CanadaQuΓ©bec – New Code of Civil Procedure – Experts
On January 1, 2016, a New Code of Civil Procedure (NCCP) came into effect in Quebec. The spirit of the NCCP is to encourage lawyers to adopt the philosophy of Dispute Prevention and Resolution instead of litigation. The entire Code has been revamped and we anticipate a learning curve for lawyers and judges. In order...
Continue reading the post titled QuΓ©bec – New Code of Civil Procedure – ExpertsIndecent Proposal? Whether and How to Ask Existing Employees to Sign New Employment Contracts
Asking existing employees to sign new employment contracts can be a sensitive topic.Β Employees will undoubtedly wonder why they are being asked to do so.Β Many will quite rightly assume that the employerβs main motive for having new contracts be signed is to protect the employer β not the employee.Β Some will sign without issue, while others will...
Continue reading the post titled Indecent Proposal? Whether and How to Ask Existing Employees to Sign New Employment ContractsOn-campus employment definition for international students
Most post-secondary international students are aware that there are specific restrictions with respect to the number of hours a week they can work off-campus. However, not many international students are aware that there are no such restrictions when it comes to on-campus employment. This work authorization is valid for the period for which the students...
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