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 […]

Employers seeking to withhold termination entitlements must prove wilful misconduct pre-planned: Ontario court

By Julius Melnitzer | May 19, 2022 A recent Ontario Court of Appeal decision raises the bar for employers seeking to withhold minimum entitlements under the Employment Standards Act from employees dismissed for cause.Julius Melnitzer The case arose when TK Elevator terminated Mark Render — a manager with more than 30 years’ service — for […]

Ontario judge cautions FSRA in certification of Brewers Retail pension class action

In certifying a pension class action by Brewers Retail Inc., an Ontario Superior Court judge denounced the Financial Services Regulatory Authority of Ontario for defying a decision of its predecessor, the Financial Services Commission of Ontario. Justice Ed Morgan certified the class on Feb. 10, 2022, setting the stage for a settlement approval hearing. In […]

New Brunswick to allow windup of pension plans with missing members

By Julius Melnitzer | January 3, 2022 New Brunswick’s new unclaimed property regime, which came into force on Jan. 1, 2022 and is the fourth such provincial regime in Canada, will finally allow defined benefit pension plan sponsors with unlocatable or missing members to fully windup their plans. The governing legislation, the Unclaimed Property Act, […]

Fossil fuels may be in doldrums but energy lawyers are adapting to the new environment

By Julius Melnitzer | October 25, 2021 Fossil fuels may be in the doldrums with a precipitous future ahead, but energy law and the demand for energy lawyers is alive and well. “Generally speaking, recruitment activity in the overall energy sector has increased,” said Carrie Heller, president of The Heller Group Legal and Executive Search, […]

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BARE BONES BRIEFS | SCC: Can courts cancel child support arrears retroactively? | FCA upholds “unprecedented” site block order | SCC grants leave from $644 million patent infringement award| OCA rules on limitation in unidentified motorist cases | Can’t miss: law firm webinars & bulletins

By Julius Melnitzer | June 1, 2021 CAN JUDGES CANCEL CHILD SUPPORT ARREARS RETROACTIVELY? On Friday, June 4, the Supreme Court of Canada (SCC) will determine whether courts can retroactively cancel child support arrears. The judgment in Colluci v. Colluci will consider whether doing so provides an incentive for payors to be delinquent. Related Article: […]

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New stock option regime set to take effect this July

By Julius Melnitzer | April 28, 2021 The federal government’s recent budget confirmed its intention to proceed with the new stock option regime previously announced in its November 30, 2020, economic statement — meaning the proposed changes will likely come into force on July 1, as planned. As currently drafted, the changes impose an annual cap […]

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BARE BONES BRIEFS: Blakes tops legal brands; Deverell’s new mystery; Rogers gets bad legal advice; UK curbs dividends and bonuses

By Julius Melnitzer | March 23, 2020 Blakes tops legal brand index for sixth consecutive year The Thomson Reuters Canada Law Firm Brand Index 2021 (formerly Acritas) has named Blake, Cassels & Graydon LLP as Canada’s leading law firm. It’s the 6th year in a row and the seventh time overall that Blakes is first […]

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