Ontario court upholds arbitration clause in employment contract

By Julius Melnitzer | June 11, 2021 An arbitration clause that doesn’t explicitly prohibit a terminated employee from making a complaint to the Ministry of Labour doesn’t offend employment standards legislation, the Ontario Superior Court has ruled. “The ruling will give comfort to employers that Ontario courts will enforce arbitration clauses,” says David Vaillancourt of […]

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BARE BONES BRIEFS | OCA: ineffective lawyering can include bad advice on whether to testify | OCA: Police can’t investigate impaired driving on private property | OCA: Interest owing protected by CLA trust fund | Standard NDA approaches reality | Best law firm webinars and bulletins

By Julius Melnitzer | June 7, 2021 OCA: COUNSEL’S FAILURE TO EXPLAIN BLENDED PROCEDURE IMPACT VITIATES CONVICTION The Ontario Court of Appeal has ruled that an accused who testified and made what amounted to a full confession on a voir dire should have his conviction overturned because counsel failed to advise him before agreeing to […]

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BARE BONES BRIEFS | SCC: Can courts cancel child support arrears retroactively? | FCA upholds “unprecedented” site block order | SCC grants leave from $644 million patent infringement award| OCA rules on limitation in unidentified motorist cases | Can’t miss: law firm webinars & bulletins

By Julius Melnitzer | June 1, 2021 CAN JUDGES CANCEL CHILD SUPPORT ARREARS RETROACTIVELY? On Friday, June 4, the Supreme Court of Canada (SCC) will determine whether courts can retroactively cancel child support arrears. The judgment in Colluci v. Colluci will consider whether doing so provides an incentive for payors to be delinquent. Related Article: […]

Getting a head start on new Consumer Protection Privacy Act

May 17, 2021 | By Marilyn Clarke, guest contributor With the expected enactment of Bill C-11 in late 2021, Canada’s privacy regime, which had become increasingly ineffectual and obsolete, will be obsolete no more. Bill C-11 introduces the Consumer Protection Privacy Act (CPPA) and Personal Information and Data Protection Tribunal Act (PIDPTA), which will replace Part 1 of the Personal […]

Perfect storm for Canadian jobless, Part III: the role of national champions

By Julius Melnitzer | May 19, 2021 This is the third of a three-part series. Read Part I and Part II. Canada’s competition laws don’t play favorites. There’s no preferential treatment for “national champions” whose expansionist aims are anti-competitive but don’t create efficiencies that – as we’ve pointed out previously – frequently promote job losses. […]

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BARE BONES BRIEFS | Survey: full-time remote work off the table | Osler bulletin: corporate diversity tanks | Law firm gives away profits | OCA: “No escape” supports inmate’s duress defence | legaltrot: helping lawyers on the go get help on the go |

By Julius Melnitzer | May 16, 2021 REMOTE WORK: THE DISCONNECT The Littler 2021 Annual Employer Survey Report has uncovered a “disconnect” between employers and employees about what the return to physical workspaces should look like. The following paragraph says it all: While 71 percent of employers surveyed believe that most of their employees who […]

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