Canada

News & Analysis as of

A Little Bit Country: Road Access and Cottage Ownership

Cottage ownership is a dream for many Canadians. The idea of a remote getaway where one can leave behind the stresses of the work week for a quiet, peaceful weekend with the family appeals greatly to many. However, reaching...more

Employer asks HRTO for permission to access employer’s own “Occupational Health and Claims Management” file on employee

Must an employer obtain permission from the Human Rights Tribunal of Ontario to access medical records held in the employer’s own file on an employee who filed a human rights complaint with the Tribunal? That question is...more

Ontario Court Of Appeal Upholds Finding of Breach of Fiduciary Duty Respecting Executive Compensation

The Ontario Court of Appeal recently upheld a trial court decision which concluded that the CEO, who was also a director, breached his fiduciary duty to the corporation when the directors of Unique Broadband Systems, Inc....more

Alberta Energy Regulator to Take Charge of Environmental Impact Assessments for Energy Resource Activities

On March 29, 2014, the Alberta Energy Regulator (AER) became the entity responsible for issuing approvals pursuant to the Environmental Protection and Enhancement Act (EPEA) for energy projects. However, the authority to...more

Henderson v. Henderson: Motion for Extension of Time to Perfect Appeal Dismissed Due to Appeal Being Brought in Wrong Court

On a motion for an extension of time to perfect an appeal in the Ontario Court of Appeal, a judge is without jurisdiction to conclusively determine that the appeal was brought in the wrong Court due to being interlocutory....more

The Limitations Act, Section 7: Are the Floodgates Opening? Landrie v. Congregation of the Most Holy Redeemer, 2014 ONSC 4008

It has been said that hard facts are apt to introduce bad law. This may occur when judges are asked to exercise their discretion to provide relief to a party facing severe consequences. An example of this might be a plaintiff...more

A Sea Change in the Interpretation of Contracts (and much more)

On August 1, 2014, the Supreme Court of Canada handed down a unanimous decision (Sattva Capital Corporation v. Creston Moly Corporation et al, 2014 SCC 53) that amounts to a sea change in the interpretation of contracts in...more

Mask v. Silvercorp Metals, Inc: Leave to Appeal Dismissed in Class Action Context, Despite a Novel Issue in Law

On August 11, 2014, Justice Perell, sitting in the Ontario Divisional Court, released a decision in Mask v. Silvercorp Metals, Inc. addressing the test for leave to appeal an interlocutory order in a proposed class action, to...more

Alberta’s New Target Benefit Regime

Alberta is moving forward with sweeping pension reforms in the new Employment Pension Plans Act (EPPA) and regulations, which come into effect on September 1, 2014. Alberta’s new approach of providing comprehensive and...more

Ontario Court Considers Content of Implied Duty of Good Faith in Business Negotiations

In a recent motion seeking an interlocutory injunction to restrain the sale of a business, Justice Wilton-Siegel considered the content of an implied duty of good faith. In SCM Insurance Services Inc. v. Medisys Corporate...more

MOL permits employer to have multi-workplace joint health and safety committee, union’s challenge dismissed

A union has lost a request to suspend a Ministry of Labour Director’s order allowing a school board to establish a multi-workplace joint health and safety committee. The Ontario Occupational Health and Safety Act...more

The risk of self-incrimination in cross-border disputes: The Mutual Legal Assistance in Criminal Matters Act (527)

In Attorney General of Manitoba et al. v. Clark, 2013 MBQB 249 (“Clark”), the Crown sought to enforce an evidence gathering order under the Mutual Legal Assistance in Criminal Matters Act (the “Act”). The order required...more

Manitoba Court of Appeal Confirms Test for Leave to Appeal Certification Decisions

In its recent decision in Meeking v Cash Store Inc. et al., 2014 MBCA 69, the Manitoba Court of Appeal reiterated the appropriate test which must be satisfied in order for leave to be granted to appeal the certification of a...more

Bad Faith and the Costs of Ignoring a Court Order

You may recall from previous blog posts that the directors of an Ottawa condo corporation were held in contempt of court for violating a court order to restore landscaping to its original state following a construction...more

R. v. Graham: Ontario Court of Appeal Explains Protocol for Appeal Alleging Ineffective Assistance of Counsel

In its July 29, 2014 decision in R. v. Graham, the Ontario Court of Appeal (Cronk, Watt and van Rensburg JJ.A.) comprehensively considered how to approach a criminal appeal alleging ineffective assistance of trial counsel. In...more

20-Day Jail Sentence for Employee who Released Employer’s Confidential Information in Breach of Court Order

In July 2013, Ceridian entered into an agreement with Pendylum Inc. (“Pendylum”) to assist in the delivery of services to Ceridian’s customers. Under the terms of its agreement with Pendylum, Ceridian required that all of...more

Fraud in Brampton – two decades in the making

Twenty years ago, Brampton was just a tiny suburb in Southern Ontario with a population of 260,000. Now, it’s Canada’s 9th largest municipality with a population of 600,000 – 2/3 of which are visible minorities. In this time,...more

Top Ten Tips for the Workplace

Every now and then, it’s worth it for even the most seasoned HR professional to receive a reminder about best practices in the workplace. Ensuring compliance with our Top Ten Tips list below, will help to keep your workplace...more

MOL inspector’s grievance gives glimpse into MOL’s after-hours accident response process

Ministry of Labour managers have discretion as to whether to send out an inspector when an employer calls after-hours about a workplace accident, a recent decision suggests. An MOL inspector filed a grievance under his...more

Hopkins v. Kay: Ontario Court of Appeal Considers Order Conclusively Determining Superior Court’s Jurisdiction to be Final

In her July 2, 2014 decision in Hopkins v. Kay, van Rensburg J.A. of the Ontario Court of Appeal considered when an order declining to dismiss an action for lack of jurisdiction will be final or interlocutory. This is...more

CMHC Releases Results from its Condominium Owners Survey (COS)

The Canada Mortgage and Housing Corporation (CMHC) recently released the results of its 2013 Condominium Owners Survey. This is the first year CMHC has released the results of such a survey....more

Financial fraud & your money - Bank fines are costing us!

I recently read a small discussion in LinkedIn where the author comments about the fact that since 2009, banks have been fined $128 billion...uhm, that's real dollars. Not funny money. This discussion was initiated in the...more

Insensitive – Copyright Implications of Jann Arden’s Stand

Twitter began to light up on August 7, 2014 when Canadian singer/songwriter Jann Arden (@jannarden) began to object, via a series of tweets, to the practice of Calgary radio station 90.3 AMP of playing shortened versions of...more

Legislative Update Report No. 2014-15 - Aug 2014

In This Article: - Federal Government - Alberta - British Columbia - Manitoba - New Brunswick - Newfoundland - Northwest Territories - Nova Scotia - Nunavut - Ontario - Prince...more

Alleging panic attacks due to mistreatment at work, employee’s HRTO application dismissed for duplicating court action

Employees may not raise the same human rights issue before the Human Rights Tribunal of Ontario and the courts, a recent HRTO decision confirms. The employee had commenced a court action in which he claimed that he was...more

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