Non-competition clauses can be more damaging than just being unreliable
Over the last decade or so, Canadian courts have become increasingly unwilling to enforce non-competition clauses in employment contracts, except in limited exceptional circumstances. Despite this, some employers continue to keep them included in their contracts of employment either because …
View the post titled Non-competition clauses can be more damaging than just being unreliableRegulatory tweak on export controls
The federal government has tweaked the regulations it uses, under the Canadian Environmental Protection Act (CEPA 1999), to control which polluting substances can be exported from Canada. The new rules reduce redundancy, and add in Canada’s obligations under the Stockholm Convention. The o…
View the post titled Regulatory tweak on export controlsAs minimum fines get higher, is there a work-around?
As minimum fines on multiple charges lead to increasingly unfair results, defence counsel, and occasionally judges, are looking for ways to reconcile the law with what they consider to be just results. Earlier this year, the Ontario Court of Appeal slammed the door shut on two such ideas: cr…
View the post titled As minimum fines get higher, is there a work-around?Failing to Address Workplace Health and Safety Concerns Can be Costly for Employers
Ensuring workplace health and safety is always an important priority for employers, and is even more so now that Ontario’s Occupational Health and Safety Act (the “OHSA”) places obligations on employers with respect to workplace violence and harassment. As a recent case demonstrates, employe…
View the post titled Failing to Address Workplace Health and Safety Concerns Can be Costly for EmployersCanada lags US in protecting endangered Sage-Grouse
In July, the US Fish and Wildlife Service launched a website to “communicate the breadth of the ongoing conservation actions underway to support Greater Sage-Grouse and the sage brush habitat the bird and 350 other species need.” The Greater Sage-Grouse website highlights work being done at …
View the post titled Canada lags US in protecting endangered Sage-GrouseOttawa wins Green Bin arbitration – appeal pending
Following years of conflict, and a long arbitration process, a commercial arbitrator has ruled that Orgaworld Canada must accept leaf and yard waste in the City of Ottawa’s green bin program and dismissed Orgaworld’s claim against the City. The decision is a win for Ottawa taxpay…
View the post titled Ottawa wins Green Bin arbitration – appeal pendingMinister receptive to Commissioner's climate report
Ontario’s Environmental Commissioner issued his annual Climate Change report last month, as usual scolding the provincial government for its inaction on both mitigation and adaptation. But this year, the report got an unusual reception: the new Minister of the Environment and Climate C…
View the post titled Minister receptive to Commissioner's climate reportConsent of Minors to Medical Treatment
The basis for the requirement of consent is found in the common law and in legislation in several provinces1 including Ontario. Interestingly, consent and capacity legislation varies among the provinces such that there are differences among the provinces as to the requirements and conditions…
View the post titled Consent of Minors to Medical TreatmentMore anti-wind power appeals dismissed
Ontario’s Environmental Review Tribunal (ERT) recently dismissed two more anti-wind power appeals, this time relating to the same project. One of the appeals had a new feature: whether wind turbines interfere with weather forecasting radar. July 9, 2014, Fata v. MOE, ERT Registry Nos.: 13-14…
View the post titled More anti-wind power appeals dismissedEnvironmental consultant’s negligence claim to proceed
Environmental consultant’s negligence claims for failing to clean up contaminated sites continue to multiply. The Ontario Superior Court recently allowed a professional negligence lawsuit to go ahead against an Ontario environmental consultant, XCG, despite a long delay, which, accord…
View the post titled Environmental consultant’s negligence claim to proceedReceive Blog Posts
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