Dentons

77 King Street West Suite 400, Toronto-Dominion Centre
Toronto, ON M5K 0A1, Canada

Contact: Samantha Francis

  • 416 361 2388
  • 416 863 4592

Constructor made mistake of law, not fact: convicted of OHSA charge

A constructor that argued the “mistake of fact” due diligence defence was instead found to have made a “mistake of law” and was convicted of a charge under the Occupational Health and Safety Act…more
| Civil Procedure, Commercial Law & Contracts, Labor & Employment Law

Highlights from the Toronto Centre CRA & Professionals Group Breakfast Seminar – February 19, 2015

On February 19, 2015, at the Toronto Centre CRA & Professionals Group Breakfast Seminar CRA representatives provided an update on two topics: 1) online CRA e-services, and 2) Regulation 102 and Regulation 105 waivers for…more
| Commercial Law & Contracts, International Law & Trade, Taxation

Mere posting of standard operating procedure was not enough: OLRB refuses to suspend MOL inspector’s training order

Employers often post new procedures in the workplace without providing formal training.  A recent decision of the Ontario Labour Relations Board suggests that for some work procedures, posting is not enough; rather, training is…more
| Labor & Employment Law

Run over by shoplifter in parking lot, retail employee may sue employer and supervisor despite having WSIB coverage

A retail employee who helped pursue a shoplifter, in violation of the employer’s workplace violence policy, was not entitled to WSIB benefits and could sue the employer and a supervisor in the courts for her injury…more
| Labor & Employment Law

Having an active joint health and safety committee can help employers defend against OHSA charges, court decision suggests

An Ontario court has dismissed charges under the Occupational Health and Safety Act after two incidents which the joint health and safety committee did not identify as posing a “high priority” safety concern…more
| Labor & Employment Law

A Definitive Ruling on the Issue of Without Cause Terminations under the Canada Labour Code

Federally regulated employers take note.  The Federal Court of Appeal has recently confirmed that without cause dismissals are not automatically deemed to be “unjust” under the provisions of the Canada Labour Code (the “Code”)…more
| Communications & Media Law, Labor & Employment Law, Finance & Banking, Transportation

“If you think your salary is low . . .”: employer’s presentation was “offensive, distasteful and inappropriate as a motivational tool”, but not illegal

An adjudicator has criticized an employer’s motivational presentation as “offensive, distasteful and inappropriate as a motivational tool”, but found that it was not illegal. The presentation was delivered by a Regional Manager…more
| Labor & Employment Law

Federal government announces changes to WHMIS Legislation

The federal government has announced certain amendments to the federal Workplace Hazardous Materials Information System (WHMIS) legislation which covers suppliers of hazardous chemicals in Canada. The purpose of the amendments…more
| Labor & Employment Law

I Want What She’s Getting – “Favored Nations” Clauses in Entertainment Contracts

The “favored nations” or “most favored nations” or “MFN” concept/clause, while not omnipresent in entertainment contracts, certainly gets its fair share of use. This post will explore the purpose and operation of FN and MFN…more
| Art, Entertainment, & Sports Law, Commercial Law & Contracts, Communications & Media Law

Canada’s Proposed Secure Air Travel Act

This is the second in a series of posts on Bill C-51, known as Canada’s Anti-terrorism Act, 2015. In my last post, I examined Part 1 of the Act, which would, if passed, enact the Security of Canada Information Sharing Act. That…more
| Privacy, International Law & Trade, Science, Computers, & Technology, Transportation

OHSA charges dismissed: not appropriate for MOL to charge under “general duty” clause where specific regulation addressed safety issue

In dismissing Occupational Health and Safety Act charges against an employer arising out of a fatality, an Ontario court has held that it is not appropriate for the Ministry of Labour to charge under the “general duty clause”…more
| Labor & Employment Law

First Data gains approval for its Processor BCRs

Dentons has advised First Data Corporation (“First Data“), a global leader in payment technology and service solutions, in successfully obtaining approval for its Binding Corporate Rules (“BCRs“) for Data Processors. BCRs are a…more
| Commercial Law & Contracts, Privacy, Science, Computers, & Technology

Two New Judges Appointed to Tax Court of Canada

Two new judges have been appointed to the Tax Court of Canada. From the news release published by the Department of Justice: OTTAWA, February 6, 2015 – The Honourable Peter MacKay, P.C., Q.C., M.P. for Central…more
| Elections & Politics, Taxation

Employers Be Aware: OSC Proposes Incentive-Based Whistleblower Program

The Ontario Securities Commission (the OSC) recently published “OSC Staff Consultation Paper 15-401” which sets out a proposed framework for an incentive-based whistleblower program. This program aims at incentivising…more
| Civil Rights, Commercial Law & Contracts, Labor & Employment Law, Securities Law

False assault allegation against supervisor was just cause for dismissal: video evidence was conclusive

An employee who filed a written complaint, falsely alleging that his supervisor deliberately ran into him with a sharp blow from his shoulder, was dismissed for cause, an arbitrator has held. Unfortunately for the employee,…more
| Alternative Dispute Resolution (ADR), Labor & Employment Law
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