How Canada and the U.S. prohibit pyramid schemes differently
The U.S. and Canada prohibit product-based pyramid marketing schemes in different ways. This short article is intended to give multi-level marketing businesses a better understanding of the important legal asymmetries between the two countries. The Canadian Competition Act specifically defines multi-level marketing (“MLM”) plans and prohibits pyramid schemes. The Competition Act1 at s. 55(1)...
Continue reading the post titled How Canada and the U.S. prohibit pyramid schemes differentlyAssessing medical malpractice damages—past and future income loss
This article on past and future income loss is part of a series of articles that discuss the types of damages that may be claimed in a medical negligence case. It is important to note, however, that each case is unique, and the damages claimed will differ as between individuals. The assessment of damages is...
Continue reading the post titled Assessing medical malpractice damages—past and future income lossDoes a father have unequal rights to parent?
In family law, there is a long-held misconception that mothers will be favoured over fathers for decision-making responsibility (custody) and parenting time (access). Back in the 1950s, courts firmly held that young children should spend the majority of time with their mother in what was called the “tender years doctrine”. This is no longer the...
Continue reading the post titled Does a father have unequal rights to parent?Receiving an inheritance while on the Ontario Disability Support Program
Receiving an inheritance, either as a beneficiary under a Will or through the proceeds of life insurance, while on Ontario Disability Support (“ODSP”) can require some additional steps and planning to avoid a loss of benefits. Since ongoing qualification for ODSP benefits is based on a financial test, with certain assets being considered exempt assets...
Continue reading the post titled Receiving an inheritance while on the Ontario Disability Support Program2014 Pesticide Prosecution “Roundup”
Earlier this summer we reported that Ontario Pesticide Act prosecutions have become infrequent since the Ministry of the Environment and Climate Change (MOE) stopped having specialized pesticide enforcement staff. Now that the season is soon to change over, we decided to take a look at the year’s violation reports to see if MOE’s intentions with...
Continue reading the post titled 2014 Pesticide Prosecution “Roundup”Vermont adopts first US GMO food labelling law
Food produced from genetic engineering should be labeled as such
Continue reading the post titled Vermont adopts first US GMO food labelling lawDoes “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....
Continue reading the post titled Does “I Quit” Really Mean “I Quit”?Where Can I Bring My Family Law Application?
Before you issue an Application for relief in family law, you first need to determine the appropriate municipality in which to bring your Application. This article deals with choosing the appropriate municipality within Ontario. For a determination of whether or not Ontario should assume jurisdiction over a case (i.e. where there is a competition over jurisdiction...
Continue reading the post titled Where Can I Bring My Family Law Application?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...
Continue reading the post titled Orgaworld wins organic waste odour appealOntario Human Rights Tribunal Awards over $150,000 to Former Employees That Suffered Sexual Discrimination
A recent ruling by the Ontario Human Rights Tribunal (the “Tribunal”) has set a new high-water mark for damages awards against employers. Employers that are found to have allowed their employees to suffer from sexual discrimination, including sexual harassment, in the workplace face potentially significant damage awards for “mental distress”. In the past, such damage...
Continue reading the post titled Ontario Human Rights Tribunal Awards over $150,000 to Former Employees That Suffered Sexual DiscriminationReceive Blog Posts
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