Canadian Courts’ Jurisdiction Over Foreign Defendants in Cases Arising From E-Commerce Relations
With the internet expanding its reach globally, the marketplace participants increasingly turn to it in order to foster their businesses. Manufacturers, distributors, retail stores and service providers take advantage of the internet in order to increase their customer base. Customers, similarly, increasingly use the internet to access products and services. As a result, the past...
Continue reading the post titled Canadian Courts’ Jurisdiction Over Foreign Defendants in Cases Arising From E-Commerce Relations$2.5 Million Canadian Payroll Triggers ESA Severance Obligation
Until recently, I was confident that an Ontario employer would not owe severance pay under the Employment Standards Act, 2000 (the “ESA”), unless it met the $2.5 million Ontario payroll test. I am no longer so sure, following a surprising decision of Justice Kane of the Ontario Superior Court of Justice in April 2014. The facts...
Continue reading the post titled $2.5 Million Canadian Payroll Triggers ESA Severance ObligationDrive Clean relaxes a bit
Ontario is proposing changes to the Drive Clean auto emission testing program. The changes would exempt all vehicles–cars, trucks and busses—less than 7 years old from being tested as part of their registration renewal. Any vehicle plated as historic would be exempted too (Vehicles plated historic are 30 years or older and are not for...
Continue reading the post titled Drive Clean relaxes a bitAnti-wind litigation: is there an end in sight?
After nearly two years of vigorous anti-wind litigation in Ontario, anti-wind activists have failed to satisfy any court or tribunal that wind energy development in accordance with government standards will cause serious harm. Many wind projects have been approved, and wind-based electrical generation is growing fast. However, the same concerns keep being raised, and we...
Continue reading the post titled Anti-wind litigation: is there an end in sight?Ontario 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 OntarioCanada announces funding for early-stage companies
This article was updated on April 28, 2020 to reflect additional information regarding the Innovation Assistance Program administered through Industrial Research Assistance Program of the National Research Council of Canada, including the window for submitting applications. As of April 28, 2020, additional information about the other support programs covered in this article was not available. On...
Continue reading the post titled Canada announces funding for early-stage companiesFive other reasons not to skip Title Insurance
In a previous blog post, I discussed the advantages of title insuring your home for Fraud Protection, whether at the time of purchase or by purchasing an existing owner policy.1 While fraud protection is extremely relevant right now (consider the current media coverage on title fraud in Ontario) 2, there are several other reasons why...
Continue reading the post titled Five other reasons not to skip Title InsuranceReminder to employers: electronic monitoring policies must be in place by October 11, 2022
Early in the pandemic, several employers were caught secretly watching unsuspecting employees working from home through their computer’s camera. Although these employers did this covert surveillance to ensure their employees were working, the surveillance was problematic, both from an employment perspective and from a privacy perspective, especially as some employees were required to work in...
Continue reading the post titled Reminder to employers: electronic monitoring policies must be in place by October 11, 2022Spring Roundup of citizen scientists
One way to make the impact of climate change more real is to participate in gathering scientific data about it. Everyone (including children) can participate in NatureWatch, a series of volunteer monitoring programs sponsored by the Environment Canada, Nature Canada, the Trillium Foundation, Ontario Parks, among others. By providing data that fills geographical gaps in...
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