Canada

News & Analysis as of

Post-dismissal doctor’s report was relevant: disabled employee reinstated for further consideration of possible accommodation,...

An employee whose medical condition had improved both before and after termination has been reinstated for further consideration of possible accommodations, after an arbitrator relied on a doctor’s assessment done after...more

Alberta Government Favours Local Breweries in New Mark Up Regime

Earlier this month, the Alberta government implemented a new subsidy for Alberta-based craft breweries and increased the provincial mark-up on all beer imported into the province. The introduction of the subsidy is part of an...more

Accessibility for Ontarians With Disabilities Act, 2005, Part III: What Are My Obligations as a Private-Sector Employer Under the...

This is the third and final installment in a three-part series of articles focused on employers’ duties under Ontario’s Accessibility for Ontarians with Disabilities Act, 2005 (AODA). Part one addressed the scope and...more

Bill 132 Update: MOL Releases Code of Practice to Help Employers Comply with OHSA’s Harassment Provisions

Further to our series of posts on Ontario’s new Sexual Violence and Harassment Legislation, which amends the Occupational Health and Safety Act, the Ontario Ministry of Labour has recently issued a Code of Practice to Address...more

Assumption Reinsurance Refresher

On August 9, 2016, the Office of the Superintendent of Financial Institutions (OSFI) posted revised transaction instructions on its website for reinsurance on an assumption basis (Assumption Reinsurance). OSFI stated that the...more

Court of Appeal Rules Competition Act is not a Complete Code, Discoverability Principle Applies

On August 11, 2016, the Ontario Court of Appeal (Court) provided guidance on the limitation period in section 36 of the Competition Act? (Act) and whether the Act removes plaintiffs’ ability to seek damages under common law...more

Recent changes to City of Toronto Lobbying By-law

The City of Toronto has changed its rules around the lobbying of public office holders. These recent changes include new rules for consultant lobbyists and the information they must disclose regarding their clients,...more

Sidewalk rage? Employee convicted of dangerous driving under Criminal Code after “trying to scare” his boss by driving towards him

An employee has been convicted of dangerous operation of a motor vehicle after he drove towards his boss three times, “trying to scare him”. The employee worked as a labourer in construction.  His relationship deteriorated...more

Double Check those Bonus Plans!

The Ontario Court of Appeal’s decision in the case of Paquette v. TeraGo Networks Inc. should have all employers running to double-check and possibly amend their bonus plans.  A further case released on the same day by the...more

Intrusive surveillance systems for security purposes: the line Big Brother must not cross

Technological developments and the need for employers to monitor employees’ activities and to minimize accidents and hazards require constant adjustments in order to respect the right to privacy. While it may be tempting for...more

Environmental, Social and Governance Factors: Does Failure to Consider ESG Issues Constitute a Breach of Fiduciary Duty?

Changes made to the Ontario Pension Benefits Act and Regulation (the “Ontario PBA”), which came into force on January 1, 2016, now require a pension plan’s statement of investment policies and procedures (“SIPP”) to include...more

No More Tears (Enough is Enough)… Ending the Debate About Unlawful Means in Conspiracy Torts

It was 1983. The Police’s Every Breath You Take was top of the charts. Return of the Jedi was tearing up the box office. And the Supreme Court of Canada released that seminal case seared into every competition litigator’s...more

Employer loses wrongful dismissal case after court finds safety rules unclear

An employer has lost a wrongful dismissal case after a court found that its safety rules, which it alleged the employee violated, were unclear and not clearly-communicated. The employee worked at a solid waste facility...more

Court of Appeal Lifts Stay in Cross Border Class Action

In Kaynes v. BP [1] (referred to herein as “Kaynes”) the Court of Appeal for Ontario (“ONCA”) recently lifted a stay of a class proceeding in which the Plaintiff is seeking damages for alleged misrepresentations made to...more

Wrap-Up of Federal and State Chemical Regulatory Developments, August 2016

TSCA/FIFRA/IRIS/NTP/TRI - EPA Releases TRI Preliminary Dataset For Calendar Year 2015: On July 20, 2016, the U.S. Environmental Protection Agency (EPA) announced the availability of the Toxics Release Inventory (TRI)...more

OSC addresses uncertainty on distributions outside Canada

On June 30, 2016, the Ontario Securities Commission (OSC) proposed a new “distributions out” regime that aims to clarify compliance requirements for Ontario issuers selling securities to investors outside Canada....more

Office of the Privacy Commissioner of Canada discusses its investigation against Compu-Finder

The Office of the Privacy Commissioner of Canada (OPC) recently hosted a knowledge session to stakeholders to discuss its recent investigation against Compu-Finder. This was the first investigation by the OPC involving the...more

Thinking at the Margin: Canadian Provincial Regulators Issue Margin Proposals for Non-Cleared Derivatives

A parallel set of margin requirements is being proposed by the Canadian Securities Administrators’ (CSA) Derivatives Committee (Consultation Paper 95-401 – Margin and Collateral Requirements for Non-Centrally Cleared...more

New Entry Requirement When Traveling to Canada

Canada has a new entry requirement that applies to visa-exempt foreign nationals flying to the country on a temporary basis. The program is called the Electronic Travel Authorization (eTA) and was implemented on March 15,...more

Wilson: SCC Overhauls Standard of Review?

Tax professionals who advise clients on judicial review of the CRA’s discretionary decisions should monitor developments in the standard of review in light of the Supreme Court of Canada’s decision in Wilson v Atomic Energy...more

Do You Have a Permit for that Drone?

In our last post we talked about some of the key things to consider before flying a drone over a real estate or construction site. Even with these general considerations in mind, however, the fear of fines under the complex...more

CRA Provides OTIP Update

The CRA’s Offshore Tax Informant Program (OTIP) was launched in January 2014. From the CRA’s webpage describing the program: Launched as part of the Canada Revenue Agency’s (CRA) efforts to fight international tax...more

Canadian Government Invests $12 Million In Sarnia-Lambton’s Bioeconomy

On July 25, 2016, the the Honorable Navdeep Bains, Minister of Innovation, Science, and Economic Development and the Minister responsible for the Federal Economic Development Agency for Southern Ontario announced a $12...more

Common Interest Privilege in Cross-Border Matters: Canada vs. U.S. Law

While many tenets concerning the protections afforded by privilege are similar in both Canada and the United States, there are key differences and treatment when it comes to settlement and common interest privilege, as some...more

Ninth Circuit Rejects CERCLA Liability for Air Emissions

Do air emissions of hazardous substances create a cleanup liability under the Superfund? In the closely watched case of Pakootas, et al. v. Teck Cominco Metals, Ltd., the Ninth Circuit said, “no,” becoming the highest court...more

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