LSO tribunal allows lawyer accused of theft to practise in-house pending merits determination
Gavin MacKenzie says interim orders in disciplinary proceedings are meant to protect the public By Julius Melnitzer | September 28, 2022 A Law Society of Ontario tribunal has allowed a lawyer accused of having clients send firm funds to his personal account to continue practising in-house for a family corporation until his case is decided […]
Little-used section of Condominium Act provides process for condo corp termination
With the value of the land exceeding the collective worth of some units, usage may increase, says Craig Garbe By Julius Melnitzer | September 27, 2022 Condominiums, albeit a relatively new legal phenomenon, are showing their age. The value of the land on some older developments now exceeds the collective worth of the individual units. “It […]
Court rules employers must include electronic tips under pensionable earnings
By Julius Melnitzer | September 21, 2022 The Federal Court of Appeal has ruled that a Halifax restaurant must include a portion of the electronic gratuities intended for wait staff as “pensionable salary and wages” when calculating its liabilities under the Canada Pension Plan. The Federal Court of Appeal has ruled that a Halifax restaurant […]
Female officer’s strip search of male lawful in ‘exigent circumstances’: Ontario Court of Appeal
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 […]
Fast-changing law means employers should review their employment contracts now
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 […]
Ontario Court of Appeal catches up with HIV science in voiding decade-old sexual assault conviction
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 […]
Law Society of Ontario refuses Jeremy Diamond’s plea to withdraw misconduct admissions
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 […]
Receiver has discretion to avoid arbitration agreement that preceded insolvency: Ont. CA
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 […]
Employee placed on unpaid leave over mask refusal not entitled to reasonable notice: Alberta court
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 […]
Maritime shipping tries to reduce emissions, but key obstacles remain in its lane
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 […]