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 […]
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 […]
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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 […]