Federal employers shouldn’t change employment entitlements during notice period: court
Julius Melnitzer | February 5, 2021 A recent decision from the Ontario Superior Court suggests that federally-regulated employers will be held to the same strict rules as their provincial counterparts in ensuring that termination provisions comply with minimum employment standards. “The decision in Sager v. TFI International Inc. extends courts’ pro-employee interpretation of termination clauses in the […]
Too many “made for Twitter” decisions from the Supreme Court?
February 2, 2021| By Julius Melnitzer The Supreme Court of Canada’s growing tendency to dismiss appeals from the bench has been a subject of legitimate concern lately. As the Globe and Mail pointed out recently, the trend is accelerating: of late, the court has been releasing fewer in-depth reasons and a growing proportion of decisions […]
Debt & disease: As opportunism overcame COVID-19 concerns, companies raised record debt financings in 2020
January 29, 2021 | By Julius Melnitzer FP Dealmakers: With most of the pre-funding and stockpiling done in 2020, executives see a quieter year ahead Resiliency was the name of the game as opportunism overcame fear in Canada’s corporate debt capital markets in 2020. Even as COVID-19 ravaged the globe, many companies, motivated no doubt […]
After the pandemic, business risk rises: RiskMap 21
January 26, 2021 | By Julius Melnitzer Businesses’ full throttle on financial recovery and growth at pandemic’s end could mask heightened compliance and risk issues, according to a leading forecaster of global business risks. “Legal teams and compliance officers must ensure the critical issues they oversee retain prominence, when so much focus at senior levels […]
Writing & practice tips for paralegals
January 23, 2021 | By Julius Melnitzer Recently, I appeared as a guest presenter on an episode of Justice in Pieces, presented by triOS College’s Paralegal Program, and hosted by its coordinator, award-winning lead legal instructor, John-Paul Rodrigues. The discussion included writing , formatting, marketing, practice and practical tips for paralegals who intend to strike […]
Family-status discrimination is ‘minefield’ for employers
By Julius Melnitzer | January 18, 2021 Confusion as to what constitutes family-status discrimination in Canada continues to vex employers. “The Supreme Court of Canada had an opportunity to create a uniform test across the country in 2019 but chose not to hear the case,” says Gary Clarke, the Calgary and Vancouver-based national co-head of Stikeman Elliott LLP’s […]
Ontario’s lockdown: a quick guide to your legal rights
January 15, 2021 | By Joseph Neuberger The provincial government has again issued a “stay at home” order under which Ontarians may leave their residences only for defined purposes (approximately 33 essential reasons), including exercise, walking pets, going to and from essential work, health care, shopping for necessities such as food, and household items like detergent, […]
Shareholders’ agreements: best weapon to fight corporate oppression
January 4, 2020 | By Julius Melnitzer If there’s doubt in anyone’s mind about the superior protection shareholders’ agreements provide for aggrieved investors, the Ontario Superior Court’s decision in Murray v. Pier 21 makes the case in spades. “We frequently get pushback from clients who say that they have perfect relationships with the other shareholders, […]
Federal Court decertifies veterans’ class action for delay on pension benefits
December 17, 2020 | By Julius Melnitzer The Federal Court of Appeal has decertified a $100-million class action brought by former members of the Canadian Armed Forces reserves whose retirement benefits were delayed. Read more RELATED ARTICLES Federal Court certifies veterans‘ class action for delay on pension benefits Appeal court upholds ruling in RCMP pension […]
COVID-19 puts courts, integrity of Ontario’s civil jury system on trial
December 15, 2020 | By Julius Melnitzer Citing the uncertainty as to when civil jury trials might resume during the pandemic, motions to strike juries have proliferated. Critics pointed to the extra effort, co-ordination, length and expense jury trials required, as well as the strain on jurors and demanded their elimination. “Since COVID began, judges […]