Employment law: 2019 year in review
Another year is winding to an end – which, of course, means that it’s time to reflect on the legal developments that we have seen in Ontario during the year. In this blog, I will present my non-exhaustive list of the most interesting developments to employment law in Ontario in 2019. Termination Clause Update As...
Continue reading the post titled Employment law: 2019 year in reviewWe (do not?) have a deal: Mutual agreement on essential terms will make settlement binding
Consider the following scenario. A business gives advance written notice of termination to one of its employees. At the same time, the business delivers to the employee a letter offering a termination package (i.e., a settlement agreement) that exceeds the employee’s minimum entitlements under the Employment Standards Act, 2000 if the employee signs a release...
Continue reading the post titled We (do not?) have a deal: Mutual agreement on essential terms will make settlement bindingDivisional Court: employees with mental stress injuries suffered at work must receive benefits though workers’ compensation; may not sue for damages
The Workplace Safety and Insurance Act (the “WSIA”) is the cornerstone of Ontario’s workers’ compensation system. The basic principle of the WSIA is the “historic compromise” between employees and employers: in exchange for the benefit of no-fault insurance benefits for workplace injuries and illnesses, s. 26(2) of the WSIA takes away employees’ rights to sue...
Continue reading the post titled Divisional Court: employees with mental stress injuries suffered at work must receive benefits though workers’ compensation; may not sue for damagesDoug Ford to cancel Ontario’s cap-and-trade program
Just a little over three months ago, on Wednesday, February 28th, 2018 the Ontario government announced that its first venture into the international carbon market was a success. The auction of allowances raised approximately $471 million. The monies raised from the auction are allocated to Ontario programs targeted at reducing greenhouse gas emissions. On Friday,...
Continue reading the post titled Doug Ford to cancel Ontario’s cap-and-trade programChanges in Energy from Waste Approvals
This year’s changes to the approval process for energy from waste facilities has caused a commotion in Hamilton. In April 2004 the Government of Ontario announced its intent to acquire 2500 MW of privately funded renewable energy generation capacity. One of the responders, Liberty Energy, has spent the past three years developing plans for a...
Continue reading the post titled Changes in Energy from Waste ApprovalsHanna, wind and Statements of Environmental Values
In Hanna v. MOE, what did the Decisional Court decide about the legal status of the Ministry of the Environment Statement of Environmental Values? Not much, in my opinion.
Continue reading the post titled Hanna, wind and Statements of Environmental ValuesHeyes appeal: Subway construction a nuisance?
Is transit construction a nuisance? The British Columbia Court of Appeal has released its decision in Heyes v. Vancouver, now called Susan Heyes Inc. v. South Coast BC Transportation Authority. The court overturned a $600,000 judgment awarded to a local store owner, who was driven out of business by prolonged traffic closures during construction of...
Continue reading the post titled Heyes appeal: Subway construction a nuisance?Climate change, Ultimatum and game theory
Matthew’s Glass novel, Ultimatum, has a compellingly plausible premise. It is 2032. Decades of Copenhagen-type negotiations have produced nothing but broken promises. As the seas and storms rise, low-lying areas like Florida and Louisiana become uninsurable, then uninhabitable (not to mention island states and Bangladesh). The new US president must decide whether to keep lying...
Continue reading the post titled Climate change, Ultimatum and game theoryPaper recycling in Ontario takes a hit
Atlantic Packaging Products is closing its recycled newsprint plant in Whitby, because of a “drastic” decline in North American newsprint demand, the high Canadian dollar, and high operating costs in Ontario. The plant was Canada’s first to produce 100 per cent recycled newsprint, and also pioneered productive uses of the paper fibre biosolids that paper recycling inevitably produces,...
Continue reading the post titled Paper recycling in Ontario takes a hitWastewater billions
Environment Canada is of the view that the ...proposed regulations are affordable if all jurisdictions make wastewater funding a priority….
Continue reading the post titled Wastewater billionsReceive Blog Posts
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