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Published on: 25 Nov 2011 By (Dianne Saxe)

Orgaworld wins organic waste odour appeal

Orgaworld Canada, a composting company, has won a hard-fought appeal for permission to compost disputed wastes at its Ottawa facility, despite MOE fears about potential odours. The disputed wastes include pet faeces, urine, and organic waste in plastic bags. In rejecting the Ministry of the Environment’s ultraconservative approach to the Orgaworld application, the Environmental Review...

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Published on: 21 Sep 2015 By

Court Awards Former Employee 27 Months’ Pay in Lieu of Notice of Termination

A recent judgement by an Ontario court serves as a reminder to employers of the importance of having employment contracts in place to limit the business’ financial exposure when terminating an employee. Employers are likely aware that they generally cannot terminate employment without cause unless they provide the employee with notice (or provide the employee...

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Published on: 29 Sep 2015 By

Automobiles vs Recreational Off-Road Vehicles: Are You Covered by Insurance?

While riding off-road vehicles such as ATVs, dune buggies, and quads can be lots of fun, they can also lead to serious accidents and injuries. It is important to know your insurance obligations and to know whether or not you are covered by insurance if an accident occurs while riding an off-road vehicle. What is an...

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Published on: 20 Jan 2012 By (Dianne Saxe)

Sunrise Propane prosecution to start

On August 10, 2008, a propane explosion occurred at the Sunrise Propane distribution plant located on Murray Road in Toronto, Ontario. The explosion forced the evacuation of approximately 12,500 residents and caused widespread damage and injury. Sunrise employee Parminder Singh Saini, 25, was killed in the explosion, and firefighter Bob Leek died of a heart attack while battling...

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Published on: 9 Oct 2015 By

The Consent and Capacity Board Cannot Appoint a Guardian of Property

A recent article in the London Free Press discussed the difficulty a local woman is experiencing in attempting to deposit a settlement cheque issued on behalf of her incapable brother. The article refers to a process whereby the individual would not have to become her brother’s official guardian for property, but could instead be appointed...

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Published on: 22 Oct 2015 By

Do employers have to allow their employees to work from home to breastfeed? Flatt v. Treasury Board (Department of Industry)

A female employee with the Industry Canada’s Spectrum Management Operations Branch filed a grievance alleging that she was discriminated against on the basis of sex and family status when her employer failed to accommodate her request to work five days a week from home so she could continue to breastfeed her one year old son....

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Published on: 16 Dec 2015 By

Removing a Court-Appointed Guardian in Ontario

Previous articles have discussed powers of attorney and guardianships and the duties and obligations of attorneys and guardians. But what can be done when a family member of the incapable person feels that the guardian or attorney is not acting appropriately? Occasionally, supportive friends or family members may have concerns about the actions taken by...

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Published on: 16 Dec 2015 By

Scarlett v. Belair Insurance Co. : A 2015 Update on the MIG

In this 2015 appeal[1] by Mr. Scarlett to the Divisional Court, Director Delegate Evans’ decision was partially upheld. First, the Divisional Court clearly found that the injured person has the burden of proving that his or her injuries fall outside of the Minor Injuries Guideline (“MIG”). Specifically, the Court held that the higher benefit limit...

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Published on: 20 Mar 2012 By (Dianne Saxe)

Bitter bedbug battle

Over the past decade, North America and western Europe have seen an alarming  resurgence of bedbugs in homes, university dormitories, apartments and hotels.  Although the reason for the proliferation of bedbugs is not clear, some attribute this to the increase in international travel, use of narrower spectrum insecticides targetting other insect pests (that don’t work...

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Published on: 18 Dec 2015 By

Supervisors Increasingly Face Jail Time in Health and Safety Prosecutions

While companies are often aware of the serious costs that may arise from charges under Ontario’s Occupational Health and Safety Act (the OHSA), recent decisions suggest that the courts are increasingly willing to levy heavy penalties against supervisors as well, including sentencing them to jail time. Employers face a number of duties under the OHSA,...

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