“Protective” and “Preventative” Purpose of Ontario’s Environmental Protection Act Justifies Warrantless Inspection Powers
In a decision released December 14, 2018, the Ontario Court of Appeal clarified the legal test that authorizes a warrantless inspection under s. 156(1) of the Environmental Protection Act, R.S.O. 1990, c. E.19 (“EPA”). Facts of the Case In the case, Ontario (Environment and Climate Change) v. Geil, 2018 ONCA 1030, a municipal by-law officer...
Continue reading the post titled “Protective” and “Preventative” Purpose of Ontario’s Environmental Protection Act Justifies Warrantless Inspection PowersOntario Court of Appeal clarifies distinction between termination for “cause” at common law and for “wilful misconduct” under the ESA
Ontario employers are often surprised to learn that there are two different regimes governing employee termination entitlements. At common law, employees are presumptively entitled to “reasonable notice” of termination or pay in lieu unless, among other things, an employee is terminated for “just cause”.1 At the same time, employers generally must provide a terminated employee...
Continue reading the post titled Ontario Court of Appeal clarifies distinction between termination for “cause” at common law and for “wilful misconduct” under the ESALegal Proceedings against Persons and Businesses outside of Ontario
In Van Breda,[1] a recent decision of the Supreme Court of Canada, the Court articulated a test which, if satisfied, allows Canadian courts to adjudicate disputes against persons who are not physically present in their territory. It is often particularly important to persons who have potential claims against out-of-province defendants to be able to pursue...
Continue reading the post titled Legal Proceedings against Persons and Businesses outside of OntarioCreditor or regulator? Nortel, the MOE and environment v insolvency
If there are continuing operations, there has to be ongoing compliance with environmental legislation. But if there are no ongoing operations, the environmental regulator has to rely on its security, failing which it has unsecured status.
Continue reading the post titled Creditor or regulator? Nortel, the MOE and environment v insolvencyPharmaceuticals, drinking water, and liability
The better our detection ability becomes, the more things we find in the water. One important group of those things is pharmaceuticals and their metabolites. Pharmaceuticals are specifically designed to affect the bodies, brains and behaviour of humans and other animals, at comparatively low concentrations. Some pharmaceuticals have synergistic effects with other pharmaceuticals, or with...
Continue reading the post titled Pharmaceuticals, drinking water, and liabilityPlan early for the sale of a dental practice
The sale of a dental practice can be quite complex and involves many factors that the dentist must consider. In this article, retired Siskinds’ partner and business lawyer, Henry Berg, discusses the benefits of planning early for the sale of a dental practice to ensure that the value of the practice is maximized, the dentist’s...
Continue reading the post titled Plan early for the sale of a dental practiceR v. Comeau – Siskinds Lawyers Represent Canadian Consumers in the Supreme Court of Canada in “Free the Beer” Case
On December 6 and 7, I appeared alongside my Siskinds colleagues Paul Bates and Ron Podolny in the Supreme Court of Canada for the hearing of R v. Comeau. Siskinds represented the Interveners Consumers Council of Canada (“CCC”), Canada’s leading general interest consumer advocacy organization. The Supreme Court’s decision may have far-reaching implications for the...
Continue reading the post titled R v. Comeau – Siskinds Lawyers Represent Canadian Consumers in the Supreme Court of Canada in “Free the Beer” CaseEmojis can now amount to a contractual agreement
Back in January 2023 in our blog post, “How do I know if I have formed a contract?”, we discussed how emojis can indicate an intention to enter into a contract. Briefly, we discussed the case in Israel called Dahan v Haim, where a judge ruled that a prospective tenant sending text messages containing several...
Continue reading the post titled Emojis can now amount to a contractual agreementDon’t forget to review your Workplace Violence and Harassment Policies and Programs!
It has now been almost 1 year since Bill 168 came into force on June 15, 2010 and, as such, it is time to review and, if necessary, revise your workplace violence and harassment policies and programs. If you recall, Bill 168 amended Ontario’s Occupational Health and Safety Act, thereby imposing significant additional obligations on...
Continue reading the post titled Don’t forget to review your Workplace Violence and Harassment Policies and Programs!Are employees “off-ramping” from your organization?
When employees experience personal trauma, challenging transitions in the workplace, difficult relationships with managers, etc., some of them will choose to “off-ramp,” a term referring to those who voluntarily resign or reduce their working hours. Many employers will be familiar with an employee deciding not to return to work from a pregnancy/parental leave. However, off-ramping...
Continue reading the post titled Are employees “off-ramping” from your organization?Receive Blog Posts
By subscribing to our blog, you will receive an email when a new post is added. You can unsubscribe at any time by sending an email to us at [email protected] with the word “unsubscribe” in the subject line.