Major update to Canadian privacy legislation in the works… What does this mean for class actions?
For the first time since the implementation of the Personal Information Protection and Electronic Documents Act (“PIPEDA”) in 2000, the federal government has introduced an update to Canada’s privacy framework via Bill C-11, or the Digital Charter Implementation Act, 2020, which underwent its first reading in the House of Commons on November 17, 2020. If...
Continue reading the post titled Major update to Canadian privacy legislation in the works… What does this mean for class actions?How to trim eDiscovery costs part four: Set your review team up for success
In my previous blog posts How to trim eDiscovery costs part one: Laying the groundwork, How to trim eDiscovery costs part two: Review fewer documents and review efficiently, and How to trim eDiscovery costs part three: Leverage technology by adding tools and apps to your review, I discussed reducing eDiscovery costs by: Taking the time...
Continue reading the post titled How to trim eDiscovery costs part four: Set your review team up for successEmployers: Supreme Court of Canada weighs in on discrimination, bonus entitlements
It has been some time since the Supreme Court of Canada (“SCC”) last addressed employment-law related issues, but it recently issued two noteworthy decisions that may be relevant to employers. In Fraser v. Canada (Attorney General), 2020 SCC 28, the SCC arguably set the bar lower for employees to establish sex discrimination for the purposes...
Continue reading the post titled Employers: Supreme Court of Canada weighs in on discrimination, bonus entitlementsThe Dutch Climate Case: Beginning of a New Era of Climate Litigation?
In an worldwide first, the Hague District Court has ordered the Dutch government to cut its greenhouse gas emissions (GHGs) by at least 25% compared to 1990 levels by the end of 2020. The decision, an English translation of which can be found here, has been widely reported and discussed (including in an interview on...
Continue reading the post titled The Dutch Climate Case: Beginning of a New Era of Climate Litigation?Why buy a contaminated site, then sue?
I continue to be amazed by the number of people who knowingly (or carelessly) buy a contaminated site, wrongly assuming that they will have an automatic right to successfully sue a neighbour for the cost of cleanup. What advice are they getting from the real estate and litigation bar? I can’t think of a single case (except...
Continue reading the post titled Why buy a contaminated site, then sue?MOE Director admits that the Northstar directors were not polluters
Our high-stakes case, appealing the imposition of infinite retroactive personal liability on directors for contamination they did not cause, will be heard by the Environmental Review Tribunal starting October 28. Initial witness statements in Baker v Director, Ministry of the Environment were filed September 27, and make fascinating reading. For example, Jane Glassco, the Ministry Director...
Continue reading the post titled MOE Director admits that the Northstar directors were not pollutersAnswering employers’ COVID-19 medical note and leave questions
Employees that self-isolate because they have COVID-19 must have a doctor’s note saying they have recovered and can return to work: True or False? It depends. Ontario’s Occupational Health and Safety Act requires employers to take every “reasonable precaution” necessary to protect their workers. If an employee was confirmed to have contracted COVID-19 it may be...
Continue reading the post titled Answering employers’ COVID-19 medical note and leave questionsReforming the Ontario Municipal Board
The province recently announced, with little fanfare, that it was initiating a review of the Ontario Municipal Board (“OMB”). The OMB is an independent adjudicative tribunal that plays a crucial role in land use planning in the province. It reviews decisions made under a number of statutes, though the bulk of its work relates to...
Continue reading the post titled Reforming the Ontario Municipal BoardWhat about greenhouse gas emissions – Are we going far enough?
Recently, two cases State of Netherlands v Urgenda (December 20, 2019) and Juliana v. United States (January 17, 2020) highlight the contradictory role of the courts as it relates to reductions in greenhouse gas emissions. The Urgenda decision, issued by the Supreme Court of the Netherlands, upheld lower court decisions in 2015 and 2018 that...
Continue reading the post titled What about greenhouse gas emissions – Are we going far enough?Section 85: Rollover and Income tax planning
A Section 85 Tax Rollover (“rollover”) is term used to describe a special tax technique that allows a taxpayer to defer all or part of the income which would otherwise be taxed upon transfer. In other words, it allows a taxpayer to defer paying taxes on assets transferred. This is especially useful for sole proprietorships...
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