Three things Ontario employers can do this week to limit employment liability in 2022
Happy new year! Let’s hope that this is the beginning of the end of COVID-19. To start the year off with something light but action-oriented, I thought I would propose three things that you can do this week to help get your organization started off on the right foot in 2022 from an employment law...
View the post titled Three things Ontario employers can do this week to limit employment liability in 2022Coming to Canada on an intra-company transfer work permit
The intra-company transfer category allows international companies to temporarily transfer qualified employees to Canada for the purpose of expanding the Canadian economy and enhancing competitiveness in international markets. Intra-company transfer work permit holders provide significant ec…
View the post titled Coming to Canada on an intra-company transfer work permitThe Ontario “right” to disconnect: what should employers do about it?
Bill 27, otherwise known as the Working for Workers Act, 2021, recently received Royal Assent. The bill introduced various amendments to employment legislation in Ontario, including the Employment Standards Act, 2000. Two changes are attracting the most interest from employers. First, the ES…
View the post titled The Ontario “right” to disconnect: what should employers do about it?Upheld: plaintiffs win common issues trial after 24 years of institutional abuse
In Cavanaugh et al. v. Grenville Christian College et al., 2021 ONCA 755, a unanimous Court of Appeal upheld a decision answering five common issues in the plaintiffs’ favour. This was a resounding win for the class. Class proceedings rarely go to trial. In addition to being a rare common is…
View the post titled Upheld: plaintiffs win common issues trial after 24 years of institutional abuseOntario Court releases merits decision in medical malpractice class action
After years of litigation, a medical malpractice class action has been decided on its merits. On September 15, 2021, the Ontario Superior Court released its common issues trial decision in Levac v. James, 2021 ONSC 5971. The class action resulted in the plaintiff achieving complete success a…
View the post titled Ontario Court releases merits decision in medical malpractice class actionFirst reported decision on s. 4.1 of the amended CPA – Dufault v Toronto Dominion Bank
In Dufault v Toronto Dominion Bank, 2021 ONSC 6223, the Ontario Superior Court considered the sequencing of pre-certification motions under s. 4.1 of the amended Class Proceedings Act for the first time. The amendment provides as follows: Early resolution of issues 4.1 If, before the hearing…
View the post titled First reported decision on s. 4.1 of the amended CPA – Dufault v Toronto Dominion BankSue me twice, shame on me: defendants to face multiple class actions after holding out for “least formidable foe”
A decision from the Divisional Court last month confirms that defendants cannot avoid litigating against the best-prepared plaintiff by strategically defending (or not defending) certification motions in different jurisdictions. The decision, Kirsh v Bristol-Myers Squibb, 2021 ONSC 6190, uph…
View the post titled Sue me twice, shame on me: defendants to face multiple class actions after holding out for “least formidable foe”Securities misrepresentation class action gone wrong – Superior Court denies leave under section 138.3 of the Ontario Securities Act and refuses certification of remaining claims
In Badesha v Cronos Group, Justice Morgan denied the plaintiff’s motions for leave to proceed with statutory misrepresentation claims under Part XXIII.1 of the Ontario Securities Act (“OSA”) and for certification pursuant to the Class Proceedings Act, 1992. The case raises interesting questi…
View the post titled Securities misrepresentation class action gone wrong – Superior Court denies leave under section 138.3 of the Ontario Securities Act and refuses certification of remaining claimsAre COVID-19 unemployment payments deductible from wrongful dismissal damages?
When the COVID-19 pandemic led to widespread layoffs in Q2 2020, the Canadian government introduced the unprecedented Canada Emergency Recovery Benefit (or “CERB”). CERB was retired in September 2020 and was replaced with (among other things) the EI Emergency Response Benefit (“EI ERB”) and …
View the post titled Are COVID-19 unemployment payments deductible from wrongful dismissal damages?Privacy policies: Why are they important?
If you operate an online platform–be it a website or a mobile app–you probably also collect, use, or disclose personal information. If so, you are required to have a privacy policy[1]. Privacy policies explain to your patrons what data you collect, why you collect that data, how that data wi…
View the post titled Privacy policies: Why are they important?Receive Blog Posts
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