Divisional Court denies leave to appeal in Trailing Commission class action
In Stenzler v TD Asset Management Inc., the Ontario Divisional Court recently denied an appeal by TD Asset Management Inc. (“TDAM”) from a decision certifying the Plaintiff’s action to recover trailing commissions he alleges were improperly paid by TDAM to Discount Brokers1. TDAM pays traili…
View the post titled Divisional Court denies leave to appeal in Trailing Commission class actionLeaves, layoffs and terminations: COVID’s impact on Ontario’s workplaces
In the ever-changing employment law landscape of 2020, it can be hard to keep pace and understand your options and responsibilities for your workforce. This blog will discuss some of our clients’ frequently asked questions about leaves, layoffs and terminations. Covid Related Leaves of Absen…
View the post titled Leaves, layoffs and terminations: COVID’s impact on Ontario’s workplacesIt’ll never happen to us: Union avoidance in the age of COVID-19
Union organizing campaigns can start in several different ways, however many find at their root a feeling among employees of unfair or unequal treatment by their employer. Sometimes the friction point is pay and benefits, other times it is entitlement to a benefit or advantage that others ma…
View the post titled It’ll never happen to us: Union avoidance in the age of COVID-19Waiver of tort is out, and disgorgement is in – Atlantic Lottery Corp. Inc. v. Babstock., 2020 SCC 19
Introduction On July 24, 2020, the Supreme Court of Canada brought clarity over a longstanding question in Atlantic Lottery Corp. Inc. v. Babstock,1 Waiver of tort as an independent cause of action that did not require proof of damages has been a concept up in the air, which has finally sett…
View the post titled Waiver of tort is out, and disgorgement is in – Atlantic Lottery Corp. Inc. v. Babstock., 2020 SCC 19New COVID-19 screening requirement for businesses and organizations
On Friday, September 25th, the Ontario government announced that, effective September 26th all Ontario businesses must comply with any advice, recommendations and instructions issued by the Office of the Chief Medical Officer of Health (the “Chief Medical Officer”) on screening for COVID-19.…
View the post titled New COVID-19 screening requirement for businesses and organizationsDazed and Confused: Five more contractual considerations for uncertain times
In part one of this article, I discussed five considerations for negotiating and drafting contracts during this period of continuing commercial uncertainty resulting from the COVID-19 pandemic. Below are five additional considerations for negotiating, drafting and executing contracts during …
View the post titled Dazed and Confused: Five more contractual considerations for uncertain timesDazed and Confused: Five contractual considerations for uncertain times
The year 2020 will not soon be forgotten. Despite the devastation of the COVID-19 pandemic, it has also provided a catalyst for substantial innovation and positive disruption to business models and commercial practices. During this time of business adaptation to respond to the unique challen…
View the post titled Dazed and Confused: Five contractual considerations for uncertain timesContext is everything – Miller v FSD Pharma Inc.
In the recent case of Miller v FSD Pharma, Inc.1, the Ontario Superior Court of Justice clarified the standard for materiality in a motion for leave to commence an action under s. 138.3 of the Ontario Securities Act (“OSA”) for misrepresentations in secondary market disclosure. We have proba…
View the post titled Context is everything – Miller v FSD Pharma Inc.Court finds against insurer who held insured to an “absurd” standard
Lamb v Cooperators, 2020 ONSC 4955 You’ve been struck by a car. You have pain in part of your body. You’re not yet entirely sure where. Then, yes, okay it’s your arm. Your arm hurts. But where exactly. It’s more your shoulder. How bad is the pain though? You think you might have hit your...
View the post titled Court finds against insurer who held insured to an “absurd” standardSupport for Businesses during COVID-19: CEBA application deadline extended
Despite being able to resume operations following the lifting of certain governmental restrictions related to COVID-19, many business owners continue to experience unprecedented financial challenges. After months of decreased revenue – or possibly even periods without any revenue – business …
View the post titled Support for Businesses during COVID-19: CEBA application deadline extendedReceive Blog Posts
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