Vedanta Resources PLC v Lungowe, [2019] UKSC 20
Removing straitjackets, and widening the potential scope of parent company liability for a subsidiary’s actions Can the parent company of a multinational group owe a duty of care to a third party for the actions of a foreign operating subsidiary? There remains no definitive answer at the tim…
View the post titled Vedanta Resources PLC v Lungowe, [2019] UKSC 20Ministry of Finance seeks to prevent insurers from improperly including HST in accident benefit limits
On March 13, 2019, the Ministry of Finance proposed changes to the Statutory Accident Benefits Schedule (“SABS”) under the Insurance Act to clarify that Harmonized Sales Tax (“HST”) is required to be paid by insurers in addition to the maximum accident benefit amounts limits. In Ontario, con…
View the post titled Ministry of Finance seeks to prevent insurers from improperly including HST in accident benefit limitsSpeeding up Certification by Extending Filing Deadlines?
On July 17, 2019, the Law Commission of Ontario (“LCO”) released its final report, Class Actions: Objectives, Experience and Reforms. The LCO report makes 47 recommendations to reform Ontario’s Class Proceeding Act (“CPA”) and related policies. One major theme of the report is that the speed…
View the post titled Speeding up Certification by Extending Filing Deadlines?Accommodation is a Two-Way Process
The case of Joseph v. Tecumseh Community Development Corporation (2019 HRTO 635) is a good reminder that the process of accommodating human rights in the workplace is a cooperative one, requiring effort and information by both parties. In this case, Ms. Joseph forwarded a human rights comp…
View the post titled Accommodation is a Two-Way ProcessTruth or Lies: Providing Employment References
Are you one of the growing numbers of Canadian employers who are reluctant to provide employment references for former employees? Concerned you are going to be sued by a former employee for defamation if your reference is not positive enough? Concerned that you are going to be sued for misre…
View the post titled Truth or Lies: Providing Employment ReferencesCan 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, OntarioReceive Blog Posts
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