Can an Employee Declare Frustration of the Employment Contract?
More often than not, the employer asserts frustration of the employment contract when an employee is absent on a lengthy medical leave and there is little prospect of a return to work in the foreseeable future. Employers often want to get these employees “off the books”, even though it means…
View the post titled Can an Employee Declare Frustration of the Employment Contract?$2.9M Charge for Spill of Diesel Fuel and Lubricants
On July 16, 2019, Kirby Offshore Marine Operating LLC pled guilty to three charges of violating the Fisheries Act, Migratory Birds Convention Act, 1994, and the Pilotage Act and received fines totally $2.9 million dollars. On October 13, 2016, the tugboat Nathan E. Stewart ran aground at E…
View the post titled $2.9M Charge for Spill of Diesel Fuel and LubricantsIs a Healthy Environment a Fundamental Right of Citizens
On November 26, 2018 ENvironnement JEUnesse (“ENJEU”)[1] filed an application for authorization against the Government of Canada to bring a class action on behalf of all Quebec residents aged 35 and under claiming a right to a clean and healthy environment. The claim alleged that the Canadia…
View the post titled Is a Healthy Environment a Fundamental Right of CitizensEnvironmental Review Tribunal confirms high evidentiary burden to be removed from an Environmental Protection Act, Section 18 Director’s Order
A July 2, 2019, judgment of the Environmental Review Tribunal in Alizadeh v. Ontario (Environment, Conservation and Parks), 2019 CanLII 62106 (ON ERT), confirms that corporate officers and directors face a high evidentiary burden to rebut the presumption that they are properly named in an En…
View the post titled Environmental Review Tribunal confirms high evidentiary burden to be removed from an Environmental Protection Act, Section 18 Director’s OrderClosure of White Pines Wind Facility in Price Edward County, Ontario
On July 3, 2019, the Ontario Ministry of the Environment, Conservation and Parks (“MECP”) posted its notice of decision with respect to regulations to govern the closure of the White Pines Wind Project. The White Pines Wind Project was a Class 4 Energy Project (with a nameplate capacity of 1…
View the post titled Closure of White Pines Wind Facility in Price Edward County, OntarioMichigan car crashes and available insurance benefits
After a car crash, your Ontario auto insurance should pay for medical care expenses, rehabilitation, attendant care, and lost wages, amongst other things. These benefits are available regardless of who caused the crash, and are available to you if your accident happened anywhere in Canada or…
View the post titled Michigan car crashes and available insurance benefitsFederal Carbon-Pricing Scheme is Constitutional: A Review of the Reference re Greenhouse Gas Pollution Pricing Act, 2019 ONCA 544
Last week, the Ontario Court of Appeal released its decision in Reference re Greenhouse Gas Pollution Pricing Act, 2019 ONCA 544 on the constitutionality of the federal carbon pricing scheme. The Court held that the Greenhouse Gas Pollution Pricing Act, which imposes charges for various fuel…
View the post titled Federal Carbon-Pricing Scheme is Constitutional: A Review of the Reference re Greenhouse Gas Pollution Pricing Act, 2019 ONCA 544Federal Carbon Tax Constitutional
Today, Ontario’s Court of Appeal found that the Federal Government’s Carbon scheme is constitutional, “regulatory in nature”, and “not a tax.” The Honourable Strathy, Chief Justice of Ontario, wrote that the Act[1] “is within Parliament’s jurisdiction to legislate in relation to matters of ‘…
View the post titled Federal Carbon Tax ConstitutionalBill C-68, the Amended Fisheries Act, receives Royal Assent
On June 21, 2019, Bill C-68, the Amended Fisheries Act, received Royal Assent and became law. The most significant change to the Act is reflected in subsection 2.1(b) of the new purpose clause: 2.1 The purpose of this Act is to provide a framework for (a) the proper management and control o…
View the post titled Bill C-68, the Amended Fisheries Act, receives Royal AssentBuyer Beware: What happens to your real estate deposit when conditions aren’t fulfilled
In most circumstances, a buyer will submit a deposit on acceptance of their offer to purchase residential property. These deposits are typically held in trust by the seller’s brokerage and can range anywhere from $100 to $50,000 or more depending on the location and nature of the property. F…
View the post titled Buyer Beware: What happens to your real estate deposit when conditions aren’t fulfilledReceive Blog Posts
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