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Published on: 5 Jun 2013 By

Inspections v Investigations: Do You Know the Difference?

Do you manage a business? Do you know the difference between an EPA inspection and an EPA investigation? In the newest post from our blog Clearing the Air, Paula Lombardi looks at this important issue and offers advice that will help your business be prepared.As mentioned in the last post, the Environmental Protection Act (EPA)...

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Published on: 20 Nov 2014 By

The Disability Tax Credit – Do You Qualify

In light of recent changes to the tax treatment of testamentary trusts, it is important for those planning for the future care of individuals with disabilities to understand the rules for Disability Tax Credit eligibility. Due to these taxation changes, only Qualifying Disability Trusts will have access to the graduated tax rates previously afforded to...

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Published on: 29 Jun 2010 By (Dianne Saxe)

Private prosecution gets a boost

There is often tension between the public’s right to commence a private prosecution, and the attorney general’s right to take over that prosecution, often in order to drop it. The Ontario Court of Appeal has given a boost to private prosecutors, ruling that they are entitled to have at least one day in court.

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Published on: 11 Mar 2013 By (Dianne Saxe)

Antrim: Supreme Court gives compensation for nuisance when highway moved

The Supreme Court of Canada has restored compensation to the Antrim truck stop, which lost its coveted place on the edge of a major highway when the highway was moved. The Court held that the $393,000 loss in business loss and property value was too heavy to expect Antrim to shoulder alone, even though the...

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Published on: 9 Jun 2014 By

Roles and Responsibilities of Directors of Corporations

We are often asked by individuals starting a business what is the role of the director(s). The following is a general overview of the duties, responsibilities and potential liabilities of acting as a director of a corporation. Directors of corporations are responsible for making decisions regarding the affairs of the business and for supervising and/or...

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Published on: 30 Sep 2014 By

Employer’s Obligation to Accommodate Employee Does Not Extend to Requiring Other Employees to Suffer a Significant Reduction in Pay

For many employers, particularly those in unionized settings, finding appropriate work for employees requiring medical accommodation can be challenging. This is particularly the case where a position that may address an employee’s accommodation needs is occupied by another employee. However, a recent case provides clear guidance to employers that employees need not bear unfair financial...

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Published on: 7 Jan 2015 By

Ontario Court Confirms Workplace Violence Not Automatically Cause for Termination in All Cases

Since amendments to the Occupational Health and Safety Act introduced by Bill 168 imposed new obligations to proactively address workplace harassment and violence issues, employers have sometimes been tempted to approach all instances of workplace harassing or violent conduct by an employee as warranting summary dismissal without notice or pay in lieu of notice. These...

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Published on: 13 May 2019 By

What are my legal rights if municipal roadwork harms my business?

As road repair and construction season ramps up in municipalities across Ontario, many business owners will be facing the news that the street and sidewalk outside their business will be temporarily closed due to municipal roadwork. Depending on the extent of the project, this can range from a trivial interruption to a significant interference with...

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Published on: 7 Jun 2017 By

Government delays private right of action under CASL

Recently at Siskinds, we’ve written about Canada’s Anti-Spam Legislation or CASL[1] (see here and here). In those articles, we described the private right of action contemplated by CASL. Broadly speaking, the private right of action would allow a person affected by a breach of certain sections of CASL to bring an action in court for damages....

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Published on: 1 Apr 2010 By (Dianne Saxe)

Transit class action, EA and the St. Clair Streetcar

Curactive Organic Skin Care is starting a class action over the St. Clair streetcar. It wants to sue the Ontario government, Toronto and the TTC for $105 million in damages. Curactive says hundreds of small businesses lost money, due to delays in transit construction, and to changes in the design of the street, such as...

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