Risky business: Alleging cause if you don’t have it
So you have a problem employee that you want to terminate. Your employment lawyer reminds you that you would owe nothing to the employee in a “for cause” termination, but that it’s unlikely that you could prove cause in the circumstances. She then goes on to assess your common law reasonable notice obligation in a “without cause”...
Continue reading the post titled Risky business: Alleging cause if you don’t have itFinancial restatements and leave under part XXIII.1 of the Securities Act in Cappelli v Nobilis Health Corp.: A step in the wrong direction
In Cappelli v Nobilis Health Corp.[1] (“Cappelli”), Justice Perell, for purposes of a leave motion under Part XXIII.1 of Ontario’s Securities Act (“OSA”), considered the evidentiary value of an issuer’s public disclosure that it was restating previous financials and had control weaknesses. His Honour gave less weight to the restatement and admission of control weaknesses...
Continue reading the post titled Financial restatements and leave under part XXIII.1 of the Securities Act in Cappelli v Nobilis Health Corp.: A step in the wrong directionThe Dollars and Cents of Drinking and Driving
Labour and employment lawyers often write articles at the holiday season about liability for employers arising from their social events at which alcohol is served. And many clients seek opinions or draft workplace policies on the issue. Whether the employer is seeking to manage this issue for business reasons, ethical reasons, or both, when it communicates with...
Continue reading the post titled The Dollars and Cents of Drinking and DrivingKnow your privacy rights
A recent update from the office of the Privacy Commissioner of Canada provides insight into the prevalence and effect of data breaches in Canada In the digital age, the Internet plays a significant role in the daily lives of Canadians. Along with the benefits it brings in terms of connectivity, harmful consequences in the form...
Continue reading the post titled Know your privacy rightsCoronavirus – Employers’ frequently asked questions
With health experts proclaiming that the Wuhan Novel Coronavirus (i.e., the “Coronavirus”) is likely to become a pandemic, Canadian employers should prepare for the worst and plan how to respond to various employment-related issues that could arise if the virus continues to spread. With that in mind, below are general answers to some of the...
Continue reading the post titled Coronavirus – Employers’ frequently asked questionsImpact of COVID-19 on Environmental Law
The protection of our health and environment is a fundamental right of all Canadians. The recent events of COVID-19 including the designation of essential and non-essential services, suspension of limitation periods in certain circumstances has businesses questioning what statues, regulations, standards or policies have continued to remain in force. Generally, those environmental laws, regulations, policies,...
Continue reading the post titled Impact of COVID-19 on Environmental LawSome Ontario action on nine endangered species
The Ontario Ministry of Natural Resources (MNR) is taking another small step towards doing something for nine endangered species. Recovery “strategies” have been announced; now the government has to say what they will actually do to implement them.
Continue reading the post titled Some Ontario action on nine endangered speciesGuardianship Applications under the Children’s Law Reform Act
A minor is considered to be a person under the age of eighteen years. In Ontario, a parent is automatically the guardian of the person of his or her minor child.[1] However, a parent is not automatically the guardian of property of his or her minor child.[2] In certain circumstances, a parent can receive the...
Continue reading the post titled Guardianship Applications under the Children’s Law Reform ActChris Collins comments on G&M article regarding independent medical examinations
Don’t accept insurer’s examinations without question: “Doctors are taking in millions of dollars a year by putting their names to accident injury reports for the insurance industry. Some of these reports unfairly discredit injury claims, leaving victims intimidated and exhausted.” Thanks to the Globe and Mail for shining the light on the abusive nature of...
Continue reading the post titled Chris Collins comments on G&M article regarding independent medical examinationsVideo Testimonial – Rear End Collision
A rear-end collision that seemed relatively minor, turned into a permanent issue, a spinal disc herniation, for the person who was hit. After interviewing several lawyers, this person chose Jim Virtue and Rasha El-Tawil, who ensured he had a strong legal outcome. He tells his story here: https://www.youtube.com/watch?v=LZp-YlTOE9E&feature=youtu.be
Continue reading the post titled Video Testimonial – Rear End CollisionReceive Blog Posts
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