February 13, 2020 The first major reform to the U.S. retirement system in a decade, the Setting Every Community Up for Retirement Enhancement Act, contains provisions that could be useful guides for Canadian legislators and regulators. Signed into law by President Donald Trump in December, the act, known as SECURE, is primarily aimed at addressing […]
Julius Melnitzer | June 17, 2019 A recent RBC Insurance Services Inc. study found 45 percent of employees on disability claimed their workplaces pressured them to go back earlier than they felt they were able to do so. This is a significant increase from the 33 per cent of respondents who said the same in the previous year’s […]
Wednesday, June 19, 2019 @ 10:55 AM | By Julius Melnitzer Forget cybersecurity — because law firms, it appears, can’t even keep their desks clean. Notwithstanding all the noise coming from C-suite types and in-house counsel about the critical nature of data protection, a recent survey from Oakville, Ont.,-based Shred-it — which is, somewhat ironically, […]
Julius Melnitzer | January 16, 2020 The British Columbia Supreme Court has found that an individual who was the “directing mind of a company,” but not a trustee of its pension plan, was personally liable for a contribution shortfall because he “knowingly assisted” the company in breaches of its fiduciary duties. “The case is a heads-up, especially […]
Julius Melnitzer | January 21, 2020 The Ontario Court of Appeal has ruled that a wrongfully dismissed employee could take advantage of the stock options and restricted share units that vested during the reasonable notice period, despite language in the governing plans that cancelled unvested units on termination. The case, between IMAX Corp. and a former executive named Larry […]
The Ontario Court of Appeal has enunciated the principles governing the appointment of amicus curiae (friend of the court) in private family law cases — and the message from Morwald Benevides v. Benevides 2019 ONCA 1023 is unequivocally that appointments in such cases should be the exceptions to the rule. “It would be rare in a family law case […]
Entitled to deduct interest expenses on 2004 Quest loan he used to satisfy judgments against himself and Hollinger Inc. Julius Melnitzer | June 21, 2019 5:03 PM EDT The Tax Court of Canada has ruled that former media mogul Conrad Black is entitled to deduct interest expenses on a $32.3 million loan he used to satisfy judgments […]
A new look at corporate social responsibility June 25, 2019 12:51 PM EDT The corporate veil — the hallowed legal concept that separates the personality and liabilities of a parent company from that of its subsidiaries — is coming under attack as courts around the world struggle with the ever-extending reach of multinational organizations. While […]
The Federal Court of Appeal has ruled that an airport parking pass provided to a flight attendant by a commercial airline is an employee benefit for the purposes of income because he received “economic value” from the pass despite the fact that the employer provided it to improve its employees’ reliability and flexibility. “The established […]
Most of the time, litigation produces a victor. But the victor isn’t always a winner. And sometimes there are no winners.So it is with Colistro v. Tbaytel 2019 ONCA 197, a recent decision from the Ontario Court of Appeal arising from a wrongful dismissal case. From the employer’s perspective, it’s a case that never should have found […]