ArticleEnforcing An Adjudicator's OrderYou were successful in an Adjudication under the Construction Act, and now want to know how to enforce the Order. CanadaReal Estate and ConstructionBlaney McMurtry LLP
ArticleSubsection 153(4.3) Of The Act Is Not An Alternative To Judicial ReviewIn Bakorp Management Ltd. (2019 FCA 195), a tax procedure case, the appellant appealed unsuccessfully to the FCA to overturn the TCC decision denying the appellant's requestCanadaTaxBlaney McMurtry LLP
ArticleSubsection 153(4.3) Of The Act Is Not An Alternative To Judicial Review (2019) 27:8 Canadian Tax Highlights: Canadian Tax FoundationIn Bakorp Management Ltd. (2019 FCA 195), a tax procedure case, the appellant appealed unsuccessfully to the FCA to overturn the TCC decision denying the appellant's request, ...CanadaTaxBlaney McMurtry LLP
ArticleTax Filing Obligations For Non-Resident Canadian Partnerships section 116 clearance certificate must be obtained by a non-resident vendor where there is a disposition of taxable Canadian property (TCP). CanadaTaxBlaney McMurtry LLP
ArticleGovernment Of Canada To Eliminate Immigrant Investor And Entrepreneur ProgramsOn February 11, 2014, the Government of Canada announced its intention to terminate the Federal Immigrant Investor Program and Federal Entrepreneur Program and eliminate the large backlog of applications. CanadaCorporate/Commercial LawBlaney McMurtry LLP
ArticleOntario Considering Advice On "Dual-Purpose" CorporationsThe government of Ontario is about to start assessing advice that it has solicited from business and professional experts on the shape that legislation allowing for "dual-purpose" business corporations might take. CanadaCorporate/Commercial LawBlaney McMurtry LLP
ArticleEmployment Update: Reopening Workplaces And Vaccination PoliciesAs Ontario continues to reopen and with virtually all employees eligible for COVID-19 vaccines, many employers are moving forward with a gradual return to the workplace.CanadaEmployment and HRBlaney McMurtry LLP
ArticleProvince Reimposes Limitation Periods And Lien Timelines Under The Construction ActOn March 17, 2020, in response to the COVID-19 pandemic, the Government of Ontario declared an emergency under the Emergency Management and Civil Protection Act. On March 20, 2020, Ontario passed a regulation under that Act...CanadaCoronavirus (COVID-19)Blaney McMurtry LLP
ArticleNew Development In Contract Law: Supreme Court Of Canada Imposes Duty To Perform Contractual Obligations HonestlyOn November 13, 2014, the Supreme Court of Canada released yet another decision dealing with its apparent re-consideration of the law of contract in Canada. CanadaCorporate/Commercial LawBlaney McMurtry LLP
ArticleWhat Lies Beneath: The Impact Of Criminal Resolutions On Civil Proceedings Against PoliceMany incorrectly assume that the withdrawal of criminal charges always means that a civil action can be commenced against the officer(s) who laid the charge. CanadaCriminal LawBlaney McMurtry LLP
ArticleAn Employee's Last-Minute Childcare Obligations May Trigger The Duty To AccommodateThe Human Rights Tribunal of Ontario recently provided further clarification regarding the scope of an employer's duty to accommodate an employee's childcare obligations.CanadaEmployment and HRBlaney McMurtry LLP
ArticleBill 113 Passed: Implications Of New Police Record Check Requirements In EmploymentMany organizations have a well-established practice of requiring potential employees and volunteers to provide police record checks when applying for certain types of positions.CanadaEmployment and HRBlaney McMurtry LLP
ArticleBill 132 And Sexual Harassment In The WorkplaceBill 132 received royal assent on March 8, 2016. This Bill will amend various statutes with respect to sexual violence, sexual harassment, domestic violence.CanadaEmployment and HRBlaney McMurtry LLP
ArticleContext Relevant To Risk Of Harm Analysis Under FIPPA, Says Divisional CourtFrom reading this decision one can't help but get the sense that the Court thought it obvious that the IPC's decision was unreasonable.CanadaEmployment and HRBlaney McMurtry LLP
ArticleJian Ghomeshi Firing Raises Interesting Legal IssuesThe CBC announced that information had come to its attention recently that in its judgment precluded it from continuing its employment relationship with Mr.Ghomeshi.CanadaEmployment and HRBlaney McMurtry LLP
ArticleOHSA Prosecutions: The Court And New Regulations Up The AnteNew court developments and regulations significantly increase the risks associated with non-compliance with Ontario’s Occupational Health and Safety Act.CanadaEmployment and HRBlaney McMurtry LLP
ArticleRight To Strike Upheld By The Supreme Court Of CanadaThe Supreme Court of Canada issued a decision upholding employees’ right to strike as a meaningful part of the collective bargaining process guaranteed under the Canadian Charter of Rights and Freedoms.CanadaEmployment and HRBlaney McMurtry LLP
ArticleRisk In Use Of An ESA Termination Clause?It is relatively common for Canadian employers to use an "ESA termination clause" in their employment agreements. CanadaEmployment and HRBlaney McMurtry LLP
ArticleTerminating An Employment ContractPrudent advice dictates that the terms of employment are to be set out in a written agreement. One of the most important of those terms is that of severanceCanadaEmployment and HRBlaney McMurtry LLP
ArticleWilson v. AECL: At The Supreme Court Of Canada, What Was Old Is New AgainAs labour and employment lawyers, one of the very first things we must do when dealing with a new client, whether it be an employer or an employee, is to determine whether or not the employment relationship at issue is one that falls under provincial or federal jurisdiction. CanadaEmployment and HRBlaney McMurtry LLP