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Published on: 13 Nov 2020 By

Fines of over $120,000 imposed for serial violations of the Occupational Health and Safety Act

Not ensuring a safe workplace can be a costly mistake as one London, Ontario rebar fabricator recently found out.  During the summer of 2018, a Ministry of Labour, Training and Skills Development Inspector issued 18 orders to AGF Rebar Inc. (“AGF”) requiring that certain machinery inside its building be equipped with guarding, and that existing...

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Published on: 20 Nov 2020 By

Courts reject “improvident” settlement in CHL class actions

Recent settlement approval decisions issued by the Ontario, Alberta and Quebec courts provide useful commentary on the appropriate scope of a release in a class action settlement. Class actions were commenced in Ontario, Alberta and Quebec concerning the employment status of major junior hockey players in the Canadian Hockey League (including the Ontario Hockey League,...

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Published on: 24 Nov 2020 By

Excluded benefits – General exclusions under Ontario’s no-fault accident benefits regime

In Ontario, an individual injured as a result of a motor vehicle accident can claim from the automobile insurance company for various benefits under the Statutory Accident Benefits Schedule (the “SABS”). The purpose of the SABS is to allow an insured individual access to necessary treatment and benefits in a timely manner. The benefits are...

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Published on: 26 Nov 2020 By

Justice won’t wait – Ontario Court of Appeal finds against plaintiff who waited four years to bring a lawsuit

If you have been injured because of the actions of another, don’t sit and wait to see how things turn out. Our law limits the time you have to start a law suit. The Ontario Court of Appeal in Baig v. Mississauga, 2020 ONCA 697 recently reinforced what is now a well-established principle of limitation...

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Published on: 16 Dec 2020 By

Civil jury trials during the pandemic

The COVID-19 pandemic has ushered in an era of uncertainty for litigants in several respects, not the least of which has included interruption to regular Court operations and uncertainty with respect to whether and when civil jury trials can be conducted. The most recent indicator of this uncertainty was the Notice to the Profession and...

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Published on: 16 Dec 2020 By

New trust reporting rules in effect in 2021

New reporting and disclosure rules will come into effect in 2021 for certain trusts. For trusts in existence as of January 1st 2021, trustees must report specific information including names, addresses, birthdates and tax identification numbers for the creator of the trust (settlor), all trustees, all beneficiaries (including those with only a contingent interest), and...

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Published on: 21 Dec 2020 By

Health Canada releases updated warnings about Elmiron related vision loss

Health Canada released a Dear Health Professional Letter on December 15, 2020 to advise healthcare professionals, including urologists, urogynecologists, ophthalmologists, optometrists, family physicians, and pharmacists about cases of pigmentary maculopathy reported with use of Elmiron. As discussed in our previous post Elmiron is a medication prescribed to treat interstitial cystitis and has been linked to...

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Published on: 25 Jun 2012 By

Minimizing Liability Now That The 24-Month Cap on Reasonable Notice Is In Question

Although we often tell clients that determining the reasonable notice period in any given situation is more art than science, one thing we’ve felt confident about is the 24-month cap – unless there are exceptional circumstances, no matter how much seniority an employee has and no matter what age he is, a Court will not...

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Published on: 22 Dec 2020 By

What is an insurer’s examination and must I attend?

In the province of Ontario, individuals injured as a result of a motor vehicle accident can claim no fault benefits through their accident benefits carrier. Available benefits include income replacement benefits and medical and rehabilitation benefits. After an individual has applied for and has started receiving accident benefits, the insurer will often request that the...

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