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Published on: 9 May 2012 By

The Latest on Overtime Class Actions

There has been lots of press coverage respecting a number of class actions by employees who claim that they have been improperly denied overtime pay.  The reality is that actions by individual employees are unlikely to be commenced as the legal fees relative to the potential recovery make such claims prohibitively expensive except in cases...

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Published on: 6 May 2011 By (Dianne Saxe)

Climate change a breach of public trust?

Attorneys representing groups of one or more children and  young adults are filing legal actions against the US government, all 50 states, and the District of Columbia, in which they allege that the public trust doctrine requires government entities to reduce carbon dioxide emissions and implement reforestation programs in order to fight climate change.  The...

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Published on: 25 May 2015 By

MOECC Updates – May 2015

As part of our ongoing efforts to keep you informed of environmental issues that could impact your business, we have collected this list of recent MOECC news and fines for violations of the Environmental Protection Act and the Ontario Water Resources Act. If you have any questions or would like more information about how these Regulations have...

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Published on: 19 Aug 2011 By (Dianne Saxe)

Air CAMM to improve?

The Ministry of the Environment is working hard to improve the newish air pollution regulation O.Reg. 419/05. The original concept, that a five-year phase in period would result in businesses inventing pollution control technology, usually has not worked. As major businesses get close to the February 1, 2013 deadline, they are digging in their heels....

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Published on: 6 Jul 2015 By

MOECC Updates – June 2015

As part of our ongoing efforts to keep you informed of environmental issues that could impact your business, we have collected this list of recent MOECC fines for violations of the Environmental Protection Act and the Ontario Water Resources Act. If you have any questions or would like more information about how these Acts have...

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Published on: 8 Jul 2015 By

New SCC Decision Finds Paid Administrative Suspensions Can Trigger Constructive Dismissals

Most employers are familiar with the most common changes to employment contracts that can trigger a constructive dismissal: changing pay, hours, demotions, duties, work location, etc. However, in the March 2015 decision of Potter v. New Brunswick Legal Aid Services Commission, the Supreme Court of Canada overturned two lower court decisions, finding that an 8-week...

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Published on: 17 Oct 2011 By (Dianne Saxe)

Another noise lawsuit

A group of Calgary residents have launched another civil lawsuit, trying to force a local chicken processing plant (Lilydale) to slash noise and odour. The statement of claim asks the Alberta Court of Queen’s Bench to order Lilydale to stop night-time trucking at its Hurst Road plant, limit odour pollution, and fully enclose chicken waste bins....

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Published on: 23 Jul 2015 By

Does “I Quit” Really Mean “I Quit”?

Case law has not always been clear on what constitutes a resignation by an employee. More often than not, it seems very difficult for an employer to establish a resignation where the employee changes his/her mind down the road. However, in Kerr v. Valley Volkswagen, 2014 NSSC 27 (CanLII), the court did just that. Mr....

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Published on: 28 Jul 2015 By (She/Her)

The Right to Physician-Assisted Suicide – Carter v. Canada, 2015 SCC 5

Introduction In February 2015, the Supreme Court of Canada released this landmark decision holding that it violates Charter rights to deny access to physician-assisted suicide to a competent adult person, who clearly consents to the termination of their life in the face of a grievous and irremediable medical condition that causes intolerable suffering. The Court...

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Published on: 29 Nov 2011 By (Dianne Saxe)

Roundup pesticides to have special review

West Coast Environmental and Josette Wier have obtained a court order requiring Health Canada to conduct a special review of one use of common glyphosate-based pesticides (such as Roundup) mixed with an ingredient known as POEA. There is conflicting evidence about the toxicity of the mixture (which forestry companies spray on ephemeral wetlands and intermittent...

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