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  • Article

    Enforcing An Adjudicator's Order

    You were successful in an Adjudication under the Construction Act, and now want to know how to enforce the Order.
    CanadaReal Estate and Construction
    Blaney McMurtry LLP
    Blaney McMurtry LLP
  • Article

    Subsection 153(4.3) Of The Act Is Not An Alternative To Judicial Review

    In 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
    CanadaTax
    Blaney McMurtry LLP
    Blaney McMurtry LLP
  • Article

    Subsection 153(4.3) Of The Act Is Not An Alternative To Judicial Review (2019) 27:8 Canadian Tax Highlights: Canadian Tax Foundation

    In 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, ...
    CanadaTax
    Blaney McMurtry LLP
    Blaney McMurtry LLP
  • Article

    Tax 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).
    CanadaTax
    Blaney McMurtry LLP
    Blaney McMurtry LLP
  • Article

    Government Of Canada To Eliminate Immigrant Investor And Entrepreneur Programs

    On 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 Law
    Blaney McMurtry LLP
    Blaney McMurtry LLP
  • Article

    Ontario Considering Advice On "Dual-Purpose" Corporations

    The 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 Law
    Blaney McMurtry LLP
    Blaney McMurtry LLP
  • Article

    Employment Update: Reopening Workplaces And Vaccination Policies

    As 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 HR
    Blaney McMurtry LLP
    Blaney McMurtry LLP
  • Article

    Province Reimposes Limitation Periods And Lien Timelines Under The Construction Act

    On 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
    Blaney McMurtry LLP
  • Article

    New Development In Contract Law: Supreme Court Of Canada Imposes Duty To Perform Contractual Obligations Honestly

    On 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 Law
    Blaney McMurtry LLP
    Blaney McMurtry LLP
  • Article

    What Lies Beneath: The Impact Of Criminal Resolutions On Civil Proceedings Against Police

    Many 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 Law
    Blaney McMurtry LLP
    Blaney McMurtry LLP
  • Article

    An Employee's Last-Minute Childcare Obligations May Trigger The Duty To Accommodate

    The 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 HR
    Blaney McMurtry LLP
    Blaney McMurtry LLP
  • Article

    Bill 113 Passed: Implications Of New Police Record Check Requirements In Employment

    Many 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 HR
    Blaney McMurtry LLP
    Blaney McMurtry LLP
  • Article

    Bill 132 And Sexual Harassment In The Workplace

    Bill 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 HR
    Blaney McMurtry LLP
    Blaney McMurtry LLP
  • Article

    Context Relevant To Risk Of Harm Analysis Under FIPPA, Says Divisional Court

    From 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 HR
    Blaney McMurtry LLP
    Blaney McMurtry LLP
  • Article

    Jian Ghomeshi Firing Raises Interesting Legal Issues

    The 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 HR
    Blaney McMurtry LLP
    Blaney McMurtry LLP
  • Article

    OHSA Prosecutions: The Court And New Regulations Up The Ante

    New court developments and regulations significantly increase the risks associated with non-compliance with Ontario’s Occupational Health and Safety Act.
    CanadaEmployment and HR
    Blaney McMurtry LLP
    Blaney McMurtry LLP
  • Article

    Right To Strike Upheld By The Supreme Court Of Canada

    The 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 HR
    Blaney McMurtry LLP
    Blaney McMurtry LLP
  • Article

    Risk 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 HR
    Blaney McMurtry LLP
    Blaney McMurtry LLP
  • Article

    Terminating An Employment Contract

    Prudent 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 severance
    CanadaEmployment and HR
    Blaney McMurtry LLP
    Blaney McMurtry LLP
  • Article

    Wilson v. AECL: At The Supreme Court Of Canada, What Was Old Is New Again

    As 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 HR
    Blaney McMurtry LLP
    Blaney McMurtry LLP

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