Financial Assurance after business closes
An MOE order for financial assurance can be enforced even after the business has closed and been evicted from its premises, and even without a full hearing by the Environmental Review Tribunal. The ERT had enough evidence to know that the cleanup would cost much more than the existing financial assurance, so dismissed the operators’...
Continue reading the post titled Financial Assurance after business closesBitter bedbug battle
Over the past decade, North America and western Europe have seen an alarming resurgence of bedbugs in homes, university dormitories, apartments and hotels. Although the reason for the proliferation of bedbugs is not clear, some attribute this to the increase in international travel, use of narrower spectrum insecticides targetting other insect pests (that don’t work...
Continue reading the post titled Bitter bedbug battleData Breach Awareness
Everyday hundreds of businesses across Canada have data incidents. From lost bins to hacked computers, businesses need to be aware of their privacy obligations they owe to their customers and clients. Indeed, businesses are now asking themselves not what if I have a data breach, but when will I have a data breach? This new...
Continue reading the post titled Data Breach AwarenessWhat are Non-Earner Benefits?
Part of your contract with your own auto insurance company includes the potential payment of Non-Earner Benefits. Non-earner benefits are accident benefits that are available to insured drivers in Ontario. Details of these benefits are found in Part II of the Statutory Accident Benefits Schedule (SABS) of the Insurance Act. Non-Earner Benefits are intended to...
Continue reading the post titled What are Non-Earner Benefits?Lavender v Miller Bernstein: An Auditor’s Duty to Non-Clients
Introduction The Ontario Superior Court of Justice in Lavender v Miller Bernstein[1] recently added to the jurisprudence regarding a defendant’s liability for a negligent misstatement in a situation where the plaintiff did not personally read or rely on the misstatement. Siskinds LLP is counsel to the class members. The decision clarifies the circumstances under which...
Continue reading the post titled Lavender v Miller Bernstein: An Auditor’s Duty to Non-ClientsRuling: Wind turbine approvals comply with the Charter
While some people find wind turbines annoying, subjective annoyance is not so serious an infringement of personal security to constitute a breach of the Charter.
Continue reading the post titled Ruling: Wind turbine approvals comply with the CharterTerminating Employees on Job-Protected Leaves: Can I do it?
I recently blogged about the Expanding World of Job-Protected Leaves. In short, over the course of the last 12 years, new job-protected leaves have been added to the Employment Standards Act, 2000 (the “ESA”) at an ever-increasing pace. Employers sometimes call me expressing concern about such leaves. Business conditions have changed. Performance concerns have arisen. Employers need flexibility to...
Continue reading the post titled Terminating Employees on Job-Protected Leaves: Can I do it?An employment lawyer’s review of an AI-drafted employment agreement
Along with what feels like every other person on the planet, I’ve been experimenting with ChatGPT. For the uninitiated, ChatGPT is an AI chat bot developed by OpenAI. I’m hardly an expert on the subject, but ChatGPT does not appear to “think” the way humans do. It is incapable of subjective judgment. Essentially, it compares...
Continue reading the post titled An employment lawyer’s review of an AI-drafted employment agreementWhat does it mean to witness a document?
The pandemic has changed how the world does business. People can buy, sell, and contract without ever meeting face to face. This new digital age emerged from necessity and has grown because of technology like Zoom, TitanFile, and DocuSign. But with this new convenience also comes a new set of considerations. Take DocuSign for example....
Continue reading the post titled What does it mean to witness a document?New SCC Decision Finds Paid Administrative Suspensions Can Trigger Constructive Dismissals
Most employers are familiar with the most common changes to employment contracts that can trigger a constructive dismissal: changing pay, hours, demotions, duties, work location, etc. However, in the March 2015 decision of Potter v. New Brunswick Legal Aid Services Commission, the Supreme Court of Canada overturned two lower court decisions, finding that an 8-week...
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