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ONTARIO GOVERNMENT PROPOSING TO REPLACE THE ONTARIO MUNICIPAL BOARD WITH LOCAL PLANNING APPEALS TRIBUNALS

Posted On: September, 19 2017
In May of 2017, the Ontario Government announced a proposal to eliminate the Ontario Municipal Board. Under the new proposal, disputes with municipal land planning decisions will instead be appealed to the Local Planning Appeal Tribunal (LPAT). The LPAT… more »
 

RULES OF CIVIL PROCEDURE 21.1: MANDATORY MEDIATION.

Posted On: August, 16 2017
Under the Ontario Rules of Civil Procedure 21.1, civil litigation trials in Toronto, Ottawa and Windsor are subject to the Mandatory Mediation Program. Under this program, actions that are subject to case management must be mediated by a private sector… more »
 

THE SUPREME COURT OF CANADA CLARIFIES THE STANDARD OF REVIEW FOR STANDARD FORM CONTRACTS IN LEDCOR CONSTRUCTION LTD. V. NORTHBRIDGE INDEMNITY INSURANCE CO., 2016 SCC 37.

Posted On: July, 26 2017
In a September 2016 decision, The Supreme Court of Canada held that Northbridge Indemnity Insurance Co. would have to pay for damages caused during window cleaning despite a clause excepting, “the cost of making good faulty workmanship.” In so doing the… more »
 

Defamatory Articles Published In Foreign Countries Can Be Actionable In Ontario If There Is Domestic Readership.

Posted On: June, 20 2017
The Ontario Court of Appeal (ONCA), in Goldhar v. Haaretz.com, 2016 ONCA 515 recently confirmed that a libel suit over an article written and published in Israel could be heard in Ontario if some of the readership resided in the Province. Specifically,… more »
 

The Context Of Contract Negotiations Can Be Important To Interpreting Unclear Contracts.

Posted On: June, 05 2017
The Ontario Court of Appeal recently used evidence from email negotiations to interpret the meaning of a lease agreement in 1079268 Ontario Inc. v. Goodlife Fitness Centers Inc. The disagreement between the parties over the amount of rent was the result… more »
 

The Contractual Requirement of “Active Service” Does Not Alter or Remove An Employee’s Right to Compensation for Bonus Payments During The Reasonable Notice Period.

Posted On: December, 02 2016
The Ontario Court of Appeal recently confirmed that the contractual requirement for employees to be “actively employed” to receive their regular bonus payments or other employment benefits is not enough to displace an employee’s right to common law… more »
 

Further Update: Wilson v Atomic Energy - Unjust Dismissal Under the Canada Labour Code

Posted On: November, 25 2016
Last year, we blogged about the Federal Court of Appeal’s decision in Wilson v Atomic Energy here, and specifically its determination that a dismissal without cause under the Canada Labour Code (“Code”) was not an unjust dismissal pursuant to sections… more »
 

Potential Future Violation of the Employment Standards Act Void an Entire Termination Provision

Posted On: September, 29 2016
There has been a debate over the past years regarding the legality of a termination provision in an employment contract which is compliant with the Employment Standards Act, 2000, [ESA] at the time of termination but which has the potential to violate… more »
 

Employers Beware: Asserting Cause for Termination When None Exists May Result in Longer Notice Periods

Posted On: September, 21 2016
In August, Justice Belobaba handed down his decision in Johar v. Best Buy Canada Ltd., 2016 ONSC 5287. [http://www.canlii.org/en/on/onsc/doc/2016/2016onsc5287/2016onsc5287.html]. This judgment serves as a stark reminder to employers: if you assert just… more »
 

The Duty of Good Faith & Workplace Investigations: Joshi v National Bank of Canada

Posted On: August, 25 2016
A recent decision of the Ontario Superior Court has indicated that employers may in breach of their contractual duty of good faith if they fail to provide employees with due process rights in workplace investigations. The recent decision in Joshi v… more »
 

Higher Standard of Proof in Police Discipline Hearings

Posted On: August, 18 2016
While the standard of proof in criminal law is to establish facts beyond a reasonable doubt, civil courts and administrative tribunals generally require that claims be proven on a balance of probabilities.  Thanks to a recent decision of the Ontario… more »
 

Andrew Wray is a panelist at the Law Society of Upper Canada’s 4th Annual Human Rights Summit on November 30, 2015.

Posted On: January, 08 2016
Andrew Wray is a panelist at the Law Society of Upper Canada’s 4th Annual Human Rights Summit on November 30, 2015. Andrew is presenting a paper entitled “Under the Microscope: Judicial Review of Human Rights Decisions”, co-authored with Niiti Simmonds… more »
 

Antunes v Limen Structures Ltd, 2015 ONSC 2163: Employers beware, honesty is the best policy when making offers of employment.

Posted On: December, 28 2015
The Ontario Superior Court’s recent decision in Antunes v Limen Structures Ltd is an important caution to employers who embellish the attributes of their company or a particular position when courting future employees. This decision makes clear that the… more »
 

Caution! Put all Necessary Evidence before an Administrative Decision Maker

Posted On: December, 23 2015
A recent case of the Federal Court of Appeal, Bernard v Canada (Customs and Revenue Agency), 2015 FCA 263, is a cautionary tale on the importance of collecting all necessary evidence and putting it before an administrative decision maker in the first instance, and not before a Court on judicial review. more »
 

Can you resign during a working notice period and still get severance pay?

Posted On: December, 14 2015
From time to time we meet with employees who have been given notice of termination by their employer and want to know what happens to their severance pay if they decide to resign during the working notice period. Are they still entitled to it?  Must… more »
 

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