On December 9, 2019, the Ontario government tabled Bill 161, Smarter and Stronger Justice Act, 2019, omnibus legislation that, if passed, would enact significant changes to the justice system through amendments to numerous statutes. Set out below is a brief summary of the notable changes to the Class Proceedings Act, 1992, the Courts of Justice…
Practice Area: Litigation
FTR Quarterly – Issue 15
In This Issue: Protection in the Face of Employee Fraud, Key Human Resources Decisions in in 2019 and Cases to Monitor in 2020 and more!
FTR Quarterly – Issue 14
In This Issue An Update on Reasonable Notice Periods An Update on Executive Compensation Through the Notice Period Featured Lawyer – Kimberly D. Pepper Featured Topic – Employment Law Featured Articles An Update on Reasonable Notice Periods By: Mitchell R. Smith and Evon Gayle Determining an employee’s reasonable notice upon termination of employment used to…
Welcome Back to School!
We hope that you all enjoyed the summer months! In this Back to School edition of our School Board Update, we highlight three decisions which will be of interest to school board.
$1.27 Million Damages Award a Reminder to Employers of Perils Associated with Fixed Term Contracts
In McGuinty v. 1845035 Ontario Inc. (McGuinty Funeral Home), the Ontario Superior Court of Justice awarded a plaintiff over $1.27 million in damages for constructive dismissal after only one year had elapsed of a 10 year consulting services agreement (Agreement). In the absence of a cancellation provision, the defendant was obligated to pay the Agreement…
FTR Quarterly – Issue 13
In This Issue: The Gig Economy, AI In the Workforce and more!
Cases of Note: Dealing with Challenges in the Healthcare Workplace
In this edition of HR HealthCheck, we discuss a recent decision of the Ontario Divisional Court which considered the challenging issue of a nurse who suffers from an addiction disability and whose employment was terminated for theft of narcotics from the workplace.
Federal Update: What Employers Need To Know
In this edition of the Federal Post, we discuss a case recently argued at the Supreme Court of Canada that will consider the scope of the “workplace” under the Canada Labour Code.
Yours to Discover: 10 Tips for Navigating the Documentary Discovery Process
In this issue of Raising the Bar, we share 10 tips and best practices to guide employers embarking upon their next trip through the document discovery process in a manner that is not only compliant with their legal obligations, but also controlled, strategic and cost-effective.
Appellate Court Considers “Appropriate Means” Test Under Limitations Act and Reliance on “Non-Traditional” Expertise
In Presley v. Van Dusen, the Ontario Court of Appeal provided guidance on the statutory limitation period and the reliance on “non-traditional” experts. Background The appellant homeowners retained Van Dusen to install a septic system in 2010. There were problems with the operation of the system. The appellants called Van Dusen and he appeared to…