Dentons

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

Contact: Samantha Francis

  • 416 361 2388
  • 416 863 4592

Ontario Government Responds to Early Results of Mine Safety Review

In December 2013, the province asked Ontario’s Chief Prevention Officer to undertake a review of the occupational health and safety issues related to the mining sector, focusing first on underground mines. The review involves…more
| Labor & Employment Law, Energy & Utilities

Devon: TCC considers large corporation rules

In Devon Canada Corporation v. The Queen the issue is whether the taxpayer (“Devon”) may deduct $20,884,041 paid to cancel issued stock options. After the close of pleadings, the Crown brought a procedural motion relating to the…more
| Civil Procedure, Commercial Law & Contracts, Taxation

“Discipline” included “dismissal”: employer did not breach safety-reprisal settlement when it dismissed employee after harassment investigation

An employer that dismissed an employee after a harassment investigation did not breach a previous safety-reprisal settlement with the employee, the Ontario Labour Relations Board has held. In effect, the employer never promised…more
| Civil Rights, Labor & Employment Law

Europe Not Yet Satisfied with Adequacy of Québec’s Privacy Law

On June 4, 2014, the Article 29 Working Party (WP 29) issued a report to the European Commission (EC) regarding an application by the Province of Québec, Canada for status as a jurisdiction providing an adequate level of…more
| Constitutional Law, Privacy

Gariepy: When is a director’s resignation effective?

In Gariepy v. the Queen (2014 TCC 254), the Tax Court considered (i) whether two directors had effectively resigned from their positions, and (ii) if not, whether the directors were duly diligent in seeking to prevent the…more
| Commercial Law & Contracts, Taxation

App-Laudable Disclosures: GPEN Releases Mobile App Privacy Results

Members of the Global Privacy Enforcement Network (GPEN) have released the results of its May 2014 privacy sweep. A common theme is the need for greater transparency regarding data collection and use prior to the downloading of…more
| Communications & Media Law, Privacy, Science, Computers, & Technology

Employee’s lack of knowledge of OHSA was factor in denying him promotion; employee’s grievance dismissed

An employee’s lack of knowledge of safety laws was a proper consideration in his employer’s decision to deny him a promotion, a labour arbitration board has decided. The employee, a unionized mechanic with the City of…more
| Alternative Dispute Resolution (ADR), Labor & Employment Law

McKesson: Trial Judge Recuses Self From Two Remaining Issues in Transfer Pricing Case

In McKesson v. The Queen (2014 TCC 266), Justice Patrick Boyle recused himself from the two remaining issues with which he was seized in the transfer pricing case – costs and the content of the court’s public file (i.e., the…more
| Civil Procedure, Taxation

LTD insurance requirements coming soon for Ontario employers

As part of the 2014 Ontario budget, which was passed on July 24, 2014, the Ontario government proposed to amend the Insurance Act (Ontario) by requiring mandatory insurance of long-term disability (“LTD”) benefits provided by…more
| Labor & Employment Law, Insurance

No OHSA Charges Laid in Death of Alberta Youth Home Worker

A 19-year-old has pleaded guilty to second-degree murder after he stabbed to death a youth worker at a supported independent living facility in Alberta in 2012. At the time of her death, the worker was working alone overnight. …more
| Criminal Law, Labor & Employment Law

No damages awarded for unforeseeable workplace assault, but employer ordered to rewrite harassment policy

The fact that an employee had engaged in harassment did not make it foreseeable that he would assault a coworker, a labour arbitrator has held. However, the company’s harassment policy was deficient and needed to be rewritten…more
| Alternative Dispute Resolution (ADR), Civil Remedies, Labor & Employment Law, Personal Injury

Ontario OHSA convictions at six-year low in 2013/14, average fine relatively steady

The number of Ontario Occupational Health and Safety Act convictions was at a six-year low in the government’s fiscal 2013/14 year, Ontario Ministry of Labour statistics show. There were 780 convictions in 2013/14,…more
| Construction Law, Criminal Law, Labor & Employment Law

The Ontario Human Rights Tribunal – Is There an Appetite For Costs Awards?

No client likes to have a human rights application brought against it before the Ontario Human Rights Tribunal. And no client is happy to hear that even if it is successful and fully exonerated, there is no real scope for…more
| Civil Remedies, Civil Rights, Labor & Employment Law

#Monkey-Selfie

The dispute between Wikipedia and the British photographer David Slater recently reported in various news outlets is not new. It is actually the continuation of a dispute that began in July 2011 between the UK based Caters News…more
| Art, Entertainment, & Sports Law, Communications & Media Law, Intellectual Property, International Law & Trade

MOL safety blitz results show many new businesses non-compliant with basic requirements

The results of a recent Ontario Ministry of Labour safety blitz shows many new small businesses violate basic legal requirements such as posting a copy of the Occupational Health and Safety Act. And non-compliant employers can…more
| Labor & Employment Law
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