Owners can mitigate OHSA risk created by OCA in Ontario v. Sudbury
By Julius Melnitzer | May 20, 2021 For all the brouhaha about what the Ontario Court of Appeal (OCA) did or didn’t do in Ontario (Labour) v. Sudbury (City), or what courts might do in the future, what transpired is really quite simple: a unanimous Court said that an owner whose direct employees (as opposed […]
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. […]
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 […]
Perfect storm for Canadian jobless, Part II: making jobs count in M&A
By Julius Melnitzer | May 13, 2021 This is the second article in a three-part series. With unemployment on the rise, adding fuel to the fire by encouraging labour force reduction seems counterproductive. But, as pointed out in Part I of this series, Canada’s competition laws do exactly that. The key culprits are the “efficiencies” […]
Perfect storm for Canadian jobless, Part I: M&A uptick and unemployment growth
By Julius Melnitzer | May 12, 2021 This is the first article in a three-part series. Unemployment rates and merger and acquisition activity (M&A) in Canada are both on the rise. But they’re poor bedfellows, at least as far as Canada’s jobless are concerned. Why? Because Canada’s merger review laws are nothing less than a […]
BARE BONES BRIEFS | FCA: The West Bank is not Israel | OSC blasts law firms’ lack of cooperation in LTC class actions | BLG buys AUM Law | Condemned? Choose your poison in South Carolina | Can’t-miss: McMillan webinar
By Julius Melnitzer | May 7, 2021 FCA : West Bank wine is not necessarily “Product of Israel” The Federal Court of Appeal has upheld a lower court ruling that “Product of Israel” labels on wines produced in the West Bank were “false, misleading and deceptive”. The court remitted the matter back to the Complaints […]
Federal budget promising relief for DC pension plan under, over contributions
By Julius Melnitzer | May 6, 2021 Tucked away in the federal budget are proposals that will lighten the load for defined contribution pension plan administrators confronted with historical under and over contributions. “These errors are usually inadvertent system or software issues or new regulatory guidance or rulings that have retroactive effect,” says Mark Firman, […]
BARE BONES BRIEFS: OCA hammers experts again | Federal Court: duty to consult is double-edged sword | DLA Piper teams with Women+Power | Social impact law firm NOVAlex expands | Can’t-miss: law firm webinars & bulletins
By Julius Melnitzer | May 4, 2021 Another expert breaches duty of impartiality The Ontario Court of Appeal (OCA) has ruled that a doctor called as an expert defence witness in a malpractice case breached his duty to be independent by opining on the credibility and reliability of lay and expert witnesses. “It is clear […]
Good faith in contracts: who needs it?
By Julius Melnitzer | May 3, 2021 This is the second in a two-part series. Read the first article. Reactions to the Supreme Court of Canada’s (SCC) recent decisions in C.M. Callow Inc. v. Zollinger and Wastech Services Ltd. v. Greater Vancouver Sewerage and Draining have not been nearly as intense as the debate that accompanied Bhasin v. […]
Anticompetitive regulatory risk: is Canadian business equipped to cope?
By Julius Melnitzer | April 26, 2021 This article is the second in a two-part series As the first article in our series demonstrated, regulatory enforcement of corporate laws tends to be at its highest in bad times – and the advent and aftermath of the pandemic are no exceptions. Here, we investigate whether Canadian […]