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Published on: 8 Jan 2015 By (Dianne Saxe)

Can purchaser of contaminated site sue neighbour?

The case is important because of the widespread (but, I think, mistaken) belief among some real estate solicitors and agents that a buyer can (knowingly or negligently) buy previously contaminated land and then sue the source of the contamination for the cost of cleaning up that pre-exist…

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Published on: 7 Jan 2015 By

Ontario Court Confirms Workplace Violence Not Automatically Cause for Termination in All Cases

Since amendments to the Occupational Health and Safety Act introduced by Bill 168 imposed new obligations to proactively address workplace harassment and violence issues, employers have sometimes been tempted to approach all instances of workplace harassing or violent conduct by an employee …

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Published on: 7 Jan 2015 By

New Amendments to the Employment Standards Act, 2000 May Require Employers to Find Themselves Guilty of Violating the Act

The majority of employers in Ontario are required to abide by the Employment Standards Act, 2000 (the “ESA”), legislation that includes standards for, among other things, the provision of a minimum wage, statutory holiday pay, overtime and limitations on hours of work. Where employees believ…

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Published on: 6 Jan 2015 By (Dianne Saxe)

Largest Canadian environmental penalty: $7.5 MM

Environment Canada obtained the largest environmental penalty ever imposed in Canada for breaches of the Fisheries Act and Metal Mining Effluent Regulations by a mining company: $7,500,000. The breaches occurred in 2011 and earlier under the old Fisheries Act, before massive changes to the l…

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Published on: 17 Dec 2014 By

Dividend Income: Should It Be Grossed Up When Calculating Child Support?

Siskinds Partner Marie Tukara recently argued a motion on how dividend income should be included when calculating income for child support purposes. In this article she outlines the decision and looks at other recent cases on this matter. In Rawluk-Harness v Harness, 2014 ONSC 2531, which I …

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