Change is gonna come: The Changing Workplaces Review Final Report
More than two years after Ontario’s Minister of Labour initiated it, the Changing Workplaces Review has issued its final report. And depending on how (or if) the current Liberal government chooses to implement its 173 recommendations, employment in the province could look quite different a year from now. As the authors describe their work: These changes would...
Continue reading the post titled Change is gonna come: The Changing Workplaces Review Final ReportNorthstar/ Baker Order: Government doesn't have to explain its case
The Environmental Review Tribunal has ruled that the Director, Ministry of the Environment, doesn’t have to specify its basis for imposing personal liability, by order, on the former directors and officers of two Northstar companies (Baker v. Director), at least not now. Despite uncontradicted evidence that the individuals affected cannot understand what, if anything, they...
Continue reading the post titled Northstar/ Baker Order: Government doesn't have to explain its caseReport from Relativity Fest 2017
Members of our e-Discovery group recently attended Relativity Fest in Chicago. This annual four day conference is hosted by the legal software company Relativity and is attended by over 2000 people in the legal tech industry. Siskinds uses Relativity to manage large document collections exchanged during the litigation process. While a software conference may not sound like...
Continue reading the post titled Report from Relativity Fest 2017A costly lesson in how not to conduct a workplace harassment investigation
It seems that everywhere we look these days, sexual harassment is on the radar – whether in Hollywood, the CBC or in our own workplaces. Recent changes to Ontario’s Occupational Health and Safety Act now require investigations to be conducted by employers into all incidents or complaints of harassment. In a decision released by the...
Continue reading the post titled A costly lesson in how not to conduct a workplace harassment investigationClass Proceedings Can Fill the Gap in Canadian Regulatory Action
Canadian Investors’ Perceived Vulnerability to Fraudsters A recent Globe and Mail article highlights the difficulty Canadian investors have in recovering proceeds of crime from fraudsters. Examining 30 years’ worth of regulatory enforcement proceedings, the Globe comes to the conclusion that Canada’s “toothless” regulatory system permits criminals to get “barely punished” and commit their financial crimes again. Focusing...
Continue reading the post titled Class Proceedings Can Fill the Gap in Canadian Regulatory ActionIn the Family Law Context: Custody and Guardianship of a Minor’s Property
Frequently I meet with clients who inquire about having a Will prepared, given their separation. They express concerns about their child(ren)’s future in the event something happens to them now that they are separated. The typical client may ask about what happens to “custody” of their child(ren) in the event of their death, and have...
Continue reading the post titled In the Family Law Context: Custody and Guardianship of a Minor’s PropertyCan municipal bylaw stop Hydro One Transformer Station?
Can the Municipality of Clarington, Ontario, by bylaw, force Hydro One to submit a groundwater study in order to build a $296 million transformer station, that has been directed to be built by the Ontario Power Authority, and approved by the Ministry of the Environment?
Continue reading the post titled Can municipal bylaw stop Hydro One Transformer Station?B.C. Court: No Abuse of Water Approvals for Fracking
Because fracking consumes a huge amount of water, Western Canada Wilderness Committee (WCWC) and the Sierra Club of B.C. recently challenged how the B.C. government grants water use approvals to oil and gas companies. The government gives a series of short term approvals for fracking, frequently renewed, without regulating the cumulative water taking of an entire project. Does this violate...
Continue reading the post titled B.C. Court: No Abuse of Water Approvals for FrackingLess environmental enforcement = more private prosecutions?
When governments do little to enforce environmental laws, generally or in particular areas, private citizens and environmental groups sometimes try to fill the gaps with private prosecutions. These cases are burdensome and expensive to handle, but can make a significant difference, as Ecojustice’s light pollution case did to make mirrored buildings safer for birds. But...
Continue reading the post titled Less environmental enforcement = more private prosecutions?Purchaser of contaminated site loses case against own lawyer
Mr. Yang was satisfied with the extent of his knowledge about the environmental condition of the property, and, notwithstanding the advice of his counsel, was unwilling to conduct any further investigations
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