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Published on: 8 Oct 2020 By

Largest foodborne illness outbreak in years linked to onions contaminated with Salmonella

Hundreds of confirmed cases of Salmonella in Canada are linked to a nationwide outbreak arising from contaminated onions. It is the largest single outbreak of foodborne illness in Canada since 2014. Symptoms of Salmonella infection include: Nausea; vomiting; diarrhea; abdominal pain; headach…

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Published on: 7 Oct 2020 By ,

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…

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Published on: 5 Oct 2020 By

Leaves, 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…

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Published on: 5 Oct 2020 By

It’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…

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Published on: 5 Oct 2020 By

Waiver 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…

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Published on: 1 Oct 2020 By

New 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.…

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Published on: 1 Oct 2020 By

Dazed 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 …

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Published on: 24 Sep 2020 By

Dazed 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…

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Published on: 17 Sep 2020 By

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...

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