New York State Sues Companies for $38M in Remediation Costs
In June 2018 the State of New York sued 3M Co. and five other companies for the costs associated with the remediation of hazardous materials caused by the firefighting foam manufactured by these six companies. This is the first lawsuit of its type filed by a U.S. state against private compan…
View the post titled New York State Sues Companies for $38M in Remediation CostsUber Decision Calls into Question Arbitration Clauses in Commercial Agreements
The news media has widely reported the Ontario Court of Appeal’s January 3, 2019 decision allowing a class-action by Uber drivers to proceed. The decision does not answer the question of whether Uber (and UberEATS) drivers should be considered employees or independent contractors (a conclusi…
View the post titled Uber Decision Calls into Question Arbitration Clauses in Commercial AgreementsEmployers: Consider these sample New Year’s resolutions
With the start of a new year comes the opportunity to reflect on your business’s labour relations and start tackling those items on your “to-do” list. Here are three sample New Year’s resolutions that may benefit your business: 1. Revise your template employment contract, if necessary One of…
View the post titled Employers: Consider these sample New Year’s resolutionsOntario’s Environment Plan and Reduction of Sulphur Dioxide Emissions Regulation
On November 28th, 2018 the Ministry of Environment, Conservation and Parks (MECP) posted its climate change plan as part of its environmental plan. Preserving and Protecting our Environment for Future Generations: A Made in Ontario Environment Plan (“Environment Plan”) appears to commit Onta…
View the post titled Ontario’s Environment Plan and Reduction of Sulphur Dioxide Emissions RegulationEnforceability of Termination Clauses in Employment Contracts – Trending towards Clarity, or More Uncertainty?
It is a basic principle of employment law in Ontario that employees terminated without cause are presumed to be entitled to common law reasonable notice of termination unless the parties clearly agreed to a different notice period, typically through a termination clause in an employment agre…
View the post titled Enforceability of Termination Clauses in Employment Contracts – Trending towards Clarity, or More Uncertainty?Ontario Court of Appeal Holds that Deterrence Justifies Minimum Fine in Environmental Prosecution
The Environmental Protection Act and the Ontario Water Resource Act are unique among Ontario’s environmental legislation for containing mandatory minimum fines.[1] A new decision from the Ontario Court of Appeal makes it clear that where minimum fines exist, a trial justice has very narrow d…
View the post titled Ontario Court of Appeal Holds that Deterrence Justifies Minimum Fine in Environmental ProsecutionBill 66 – Expanded Municipal Zoning Power Would Make Some Environmental Land Use Policies Optional
UPDATE: Government announces that it will not be proceeding with Schedule 10 of the Bill. See update here. On December 6th, 2018, Bill 66, Restoring Ontario’s Competitiveness Act, 2018, passed first reading in the Ontario legislature. The government’s Proposal Summary on the Environmental Re…
View the post titled Bill 66 – Expanded Municipal Zoning Power Would Make Some Environmental Land Use Policies OptionalRemedies of a Commercial Landlord in Ontario
If a tenant defaults on their obligations under a commercial lease, a landlord may wish to pursue a remedy. There are two types of tenant defaults – monetary or non-monetary. The type of default will determine the landlord’s available remedies. A monetary default occurs when the tenant…
View the post titled Remedies of a Commercial Landlord in OntarioMortgagee Remedies in Ontario
When a mortgagor (borrower) defaults on mortgage payments, the mortgagee (lender) has several remedies at its disposal. The most frequently used remedies are a power of sale, an action for judicial sale, and an action for foreclosure. The following is a comparison of the three remedies, high…
View the post titled Mortgagee Remedies in OntarioThe 24th Conference of the Parties (COP24) Convenes in Katowice, Poland
On December 2, 2018, delegates from almost 200 nations convened in Katowice, Poland for the 24th Conference of the Parties (COP24) to the United Nations Framework Convention on Climate Change (UNFCCC). The COP24, also known as the United Nations Climate Change Conference, Katowice, Poland, 2…
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