Michelle Psutka of Scott Fenton Barristers By Julius Melnitzer | September 19, 2022 The Ontario Court of Appeal has ruled that the strip search of a male accused in the presence of a female officer did not violate the accused’s Charter rights because the search took place in “exigent circumstances.” “The Court of Appeal’s reasons […]
Bennett Jones’ Talia Bregman says termination clauses are especially ripe for review By Julius Melnitzer | September 8, 2022 It’s time for Ontario employers to review their employment contracts comprehensively – and the sooner, the better. “If an employment contract, particularly one based on a standard form, has not been updated in the last six […]
Decision highlights need for broader approach for HIV nondisclosure conviction reviews: Colleen McKeown of Daniel Brown Law LLP. BY Julius Melnitzer | September 6, 2022 Relying on new scientific evidence, the Ontario Court of Appeal has overturned the 2013 aggravated sexual assault conviction of a woman who did not reveal her HIV status to an unprotected […]
Veteran lawyer says the ‘horrible situation’ unmasks a system that is ‘not reliable’ By Julius Melnitzer | September 1, 2022 A Law Society Tribunal has refused to allow Jeremy Diamond to withdraw his admissions of professional misconduct, despite rejecting a joint submission that the panel impose a reprimand as a penalty for his impugned activities. “We […]
By Julius Melnitzer | August 31, 2022 Restructuring lawyer says decision confirms the sanctity of the ‘single proceeding’ model Ontario Court of Appeal Justice Julie Thorburn has refused leave from an Ontario Superior Court (OSC) ruling that a receiver was not bound by an arbitration agreement that preceded insolvency proceedings. Kathryn Esaw, a Toronto partner in […]
By Julius Melnitzer | August 30, 2022 An Alberta court has ruled that a Calgary grocery store worker placed on indefinite unpaid leave — for failure to comply with a mandatory mask policy — has resigned as opposed to being constructively dismissed and isn’t entitled to reasonable notice or compensation in lieu thereof. “This decision […]
By Julius Melnitzer | August 4, 2022 An arbitrator has ruled Public Health Sudbury violated the Ontario Human Rights Code prohibition against discrimination on the basis of creed when it terminated a nurse who refused a coronavirus vaccination because it was against her religious beliefs. “The decision is significant because the arbitrator, Robert Herman, is […]
By Julius Melnitzer | July 23, 2022 Aviation tends to get the public’s attention when it comes to the transportation sector and greenhouse gas (GHG) emissions, but shipping, which is responsible for 2.9 per cent of emissions compared to aviation’s 2.4 per cent, is at least as much of a culprit. “Very few people understand […]
July 19, 2022 | By Julius Melnitzer With the international and domestic commercial landscape changing so rapidly of late, it’s perhaps no surprise that tax rules are changing as well. Here are three important developments in that sphere. Interest deductibility for foreign investors Under a proposed revamp of Canada’s interest deductibility regime, foreign investors who, […]
By Julius Melnitzer | June 28, 2022 An Ontario Superior Court judge is awarding Brewers Retail Inc. $210,000 in costs against the Financial Service Regulatory Authority of Ontario. Justice Ed Morgan’s award followed his criticism of the regulator for defying a decision of its predecessor, the Financial Services Commission of Ontario. One veteran pensions litigator — speaking […]