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 […]
Arbitrator finds employer violated Ontario Human Rights Code for termination over vaccine refusal
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 […]
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 […]
Important tax developments in commercial arena
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, […]
Ontario court awards $210K in costs against FSRA in Brewers Retail pension case
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 […]
Utica Resources files lawsuit seeking billions of dollars if Quebec implements Bill 21
By Julius Melnitzer | June 27, 2022 Utica Resources Inc. filed a lawsuit this week seeking to invalidate the Quebec government’s ban on hydrocarbon exploration and exploitation, or obtain billions of dollars in compensation for what it claims is an expropriation, giving new life to critics’ claims that the legislation will hamper economic development and […]
BARE BONES BRIEFS: Remote defendants show up bathing and half-naked; OCA provides guidance on limitation defence in allowing negligence claims against Robins Appleby to proceed; Langlois chair inducted into ACTL; Dellelce family donates $5 million to University of Ottawa’s Faculty of Law; Top 5 law firm bulletins & webinars
By Julius Melnitzer | June 24, 2022 UK COURTS FED UP WITH REMOTE SHENANIGANS A UK Magistrates Association report concludes that 76 percent of magistrates oppose continued remote hearings. Defendants appearing remotely, respondents said, appeared to take the process less seriously, as evidenced by their “appearing while in the bath, being half naked, smoking and […]
Employers can expect surge of claims linked to long-haul coronavirus, remote work injuries: lawyers
By Julius Melnitzer | June 16, 2022 As the pandemic winds down, employers can expect to see an increase in disability claims related to long-haul coronavirus infections and compensation claims resulting from injuries incurred while working remotely, says Joshua Goldberg, a Toronto-based personal injury lawyer. The most common long-haul coronavirus symptoms are fatigue, shortness of […]
Blood Tribe reserve ruling draws distinction on treaty rights
By Julius Melnitzer | June 8, 2022 First Nations seeking to enforce treaty rights must commence their claims within the applicable limitation periods in provincial and federal legislation, even if the treaty rights arose before Aboriginal rights were enshrined in the Constitution Act of 1982, according to a Federal Court of Appeal ruling earlier this […]