Frustration of Employment Contract: What to Consider Before Throwing in the Towel
Like any contract, an employment contract can be “frustrated” when continued performance of the contract becomes impossible or would be radically different because of a dramatic change in circumstances. Employers typically raise frustration of contract to formally end the employment relation…
View the post titled Frustration of Employment Contract: What to Consider Before Throwing in the TowelNAFTA Reform, Investor-State Dispute Settlement, and Environmental Regulation
Canada, the United States, and Mexico are set to begin the re-negotiation of the North American Free Trade Agreement (“NAFTA”) in August. The foreign investment protection chapter (Chapter 11) is likely to be among other contentious aspects of the treaty to be addressed. Chapter 11 protects …
View the post titled NAFTA Reform, Investor-State Dispute Settlement, and Environmental RegulationNeighbourly Bad Blood Results in Cost Award at the Tribunal
An alleged oil spill that occurred in 1990, giving rise to extensive proceedings before the Environmental Review Tribunal (“Tribunal”) and Superior Court, took an unexpected turn earlier this year, leading the Tribunal to issue an unusual costs award. In May 2014, the Ministry of…
View the post titled Neighbourly Bad Blood Results in Cost Award at the TribunalIndividual and Construction Companies Fined $95,000 for Illegal Waste Disposal
On June 21, 2017, SNC-Lavalin Constructors (Pacific) Inc., Dragodos Canada Inc., and EllisDon Corporation pled guilty and were fined for: generating liquid industrial waste, permitting the waste to leave their control with a non-approved waste transportation contractor, and, failing to compl…
View the post titled Individual and Construction Companies Fined $95,000 for Illegal Waste DisposalConcerned About Bill 148? Have Your Say By This Friday
Yesterday, the Standing Committee on Finance and Economic Affairs’ tour of Ontario hit London to hear from the public on the changes to labour and employment legislation proposed in Bill 148, the Fair Workplaces, Better Jobs Act, 2017. Throughout the day, the Committee considered oral presen…
View the post titled Concerned About Bill 148? Have Your Say By This FridayQuébec – New Code of Civil Procedure – Tolling Agreements
We continue to explore the new rules of civil procedure in Quebec as of January 1, 2016. Today’s feature is tolling agreements. Based on the Civil Code of Quebec, tolling agreements aimed at suspending limitation by agreement are not possible in Quebec: 2883. Prescription may not be renounce…
View the post titled Québec – New Code of Civil Procedure – Tolling AgreementsQuébec – New Code of Civil Procedure – Costs
Here is the second installment of brief summaries relating to the new rules of civil procedure in Quebec as of January 1, 2016. Today’s feature is costs. The cost regime in Quebec has always been favorable to the plaintiffs. The main difference with Common law jurisdictions is that in Quebec…
View the post titled Québec – New Code of Civil Procedure – CostsLavender v Miller Bernstein: An Auditor’s Duty to Non-Clients
Introduction The Ontario Superior Court of Justice in Lavender v Miller Bernstein[1] recently added to the jurisprudence regarding a defendant’s liability for a negligent misstatement in a situation where the plaintiff did not personally read or rely on the misstatement. Siskinds LLP is coun…
View the post titled Lavender v Miller Bernstein: An Auditor’s Duty to Non-Clients$2.5 million in fines issued in relation to large diesel spill
In the latest of a string of federal environmental prosecutions leading to significant fines against corporate offenders, Canadian National Railway Company (“CN”) has been fined $2.5 million after pleading guilty to committing a number of infractions under the Fisheries Act and under the Can…
View the post titled $2.5 million in fines issued in relation to large diesel spillQuébec – New Code of Civil Procedure – Experts
On January 1, 2016, a New Code of Civil Procedure (NCCP) came into effect in Quebec. The spirit of the NCCP is to encourage lawyers to adopt the philosophy of Dispute Prevention and Resolution instead of litigation. The entire Code has been revamped and we anticipate a learning curve for law…
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