How binding is a non-solicitation clause?
Non-competition clauses are restrictive covenants that courts often deem unenforceable. But what about non-solicitation clauses? Are non-solicitation clauses strictly controlled? What is a non-solicitation clause vs. a non-competition clause? A non-solicitation clause restricts an employee, from soliciting customers, clients, staff, accounts, or vendors during their employment, and for a specified period of time when they...
Continue reading the post titled How binding is a non-solicitation clause?Power of attorney issues: compensation for powers of attorney for personal care
Providing care to an elderly or sick family member is a significant and often thankless undertaking. Quite often, it is the attorney for personal care who assumes the caregiving responsibilities. Attorneys for personal care often spend hours cleaning, cooking, and driving their loved ones to and from medical appointments which requires a significant amount of...
Continue reading the post titled Power of attorney issues: compensation for powers of attorney for personal careProvincial renewable energy goals trump municipal by-laws
Since the Green Energy and Economy Act, 2009 came into force on May 14, 2009, the debate continues about whether municipalities can regulate renewable energy projects. At least three court decisions have now been made which indicate that other possible avenues of municipal regulation of renewable energy projects, and in particular wind turbine developments, will...
Continue reading the post titled Provincial renewable energy goals trump municipal by-lawsContaminated sites change in Provincial Policy Statement
The Ontario Provincial Policy Statement (PPS)has recently changed how it refers to contaminated sites. The PPS is the official expression of the provincial government’s policies on land use planning. It applies province-wide and “provides clear policy direction on land use planning to promote strong communities, a strong economy, and a clean and healthy environment.” What effect will the...
Continue reading the post titled Contaminated sites change in Provincial Policy StatementBennett v Lenovo – Another Step Toward a Consumer Privacy Protection Jurisprudence
Introduction The recent decision of the Ontario Superior Court of Justice in Bennett v Lenovo, 2017 ONSC 1082 is an important step in the development of privacy class actions in Canada. In Lenovo, the Court refused to strike the majority of causes of action pleaded by the Plaintiffs, permitting this ground-breaking proceeding to continue. Facts The...
Continue reading the post titled Bennett v Lenovo – Another Step Toward a Consumer Privacy Protection JurisprudenceWorried about wind?
So much misinformation has been spread about wind turbines that many reasonable people don’t know what to think. As one reader wrote: “Hi Dianne, … I wondered if you could direct me to reliable sources on the benefits / risks of Wind Turbines. I live in West Grey with lots of wind, but many here...
Continue reading the post titled Worried about wind?Follow the Bouncing Ball: Enforcing Termination Provisions
Employers need some good news these days, with rising minimum wages, employee-friendly changes to many employment standards, and let’s not even mention the stock market. So I’m happy to share the decision of the Ontario Court of Appeal in Nemeth v. Hatch Ltd. in which a very simple termination provision was upheld. Mr. Nemeth had...
Continue reading the post titled Follow the Bouncing Ball: Enforcing Termination ProvisionsIt’ll never happen to us: Union avoidance in the age of COVID-19
Union organizing campaigns can start in several different ways, however many find at their root a feeling among employees of unfair or unequal treatment by their employer. Sometimes the friction point is pay and benefits, other times it is entitlement to a benefit or advantage that others may receive in comparable workplaces. Today, employees are...
Continue reading the post titled It’ll never happen to us: Union avoidance in the age of COVID-19Information Commissioner asked to stop muzzling of government scientists
The Environmental Law Centre of the University of Victoria has written to Suzanne Legault, Information Commissioner of Canada, asking her, pursuant to s. 30(1)(f) of the Access to Information Act, to: investigate the federal government’s policies and actions to obstruct the right of the public and the media to speak to government scientists. “We request that you initiate an...
Continue reading the post titled Information Commissioner asked to stop muzzling of government scientistsNobel Prize Winner Recommends Tax on Carbon Emissions
Professor William D. Nordhaus, an economist from Yale who has dedicated more than forty years attempting to convince governments to address climate change through the imposition on a tax on carbon emissions was awarded the 2018 Nobel Memorial Prize in Economic Sciences. Professor Nordhaus has been called “the father of climate-change economics” and developed models...
Continue reading the post titled Nobel Prize Winner Recommends Tax on Carbon EmissionsReceive Blog Posts
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