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  • Article

    Ontario Court Of Appeal Summaries (September 4 – 7, 2018)

    As you will see, our blog features a brand new look, more information and a fully responsive layout for all platforms.
    CanadaLitigation, Mediation & Arbitration
    Blaney McMurtry LLP
    Blaney McMurtry LLP
  • Article

    Who Is An Expert For The Purposes Of Rule 53.03: The Court Of Appeal’s Decision In Westerhof v Gee Estate

    When can a witness who has not been retained by a party to the litigation give opinion testimony at trial?
    CanadaLitigation, Mediation & Arbitration
    Blaney McMurtry LLP
    Blaney McMurtry LLP
  • Article

    Consulting On Change: Provincial Review Of The Land Use Planning System

    The Province is in the process of reviewing, in a limited manner, the land use planning and appeal system to focus on issues of predictability, cost-effectiveness, municipal leadership (conformity with Provincial requirements) and infrastructure support (the "Review").
    CanadaReal Estate and Construction
    Blaney McMurtry LLP
    Blaney McMurtry LLP
  • Article

    Lower Cost Awards In Class Actions: What Does It Mean for Access To Justice?

    The general rule in civil cases is that "costs follow the event." In other words, the losing party pays a portion of the legal costs of the successful party.
    CanadaLitigation, Mediation & Arbitration
    Blaney McMurtry LLP
    Blaney McMurtry LLP
  • Article

    Capital Markets Ripe For Profitable Businesses Looking For Fresh Funds To Expand Or Innovate

    This will be good news to owners and organizations that need funding to move forward but have gone about as far as they can go with their own assets...
    CanadaCorporate/Commercial Law
    Blaney McMurtry LLP
    Blaney McMurtry LLP
  • Article

    Complying With Canada's New Forced Labour And Child Labour Reporting Law

    Last May, the Canadian government enacted legislation aiming to assist in the removal of forced labour and child labour from Canadian supply chains.
    CanadaCorporate/Commercial Law
    Blaney McMurtry LLP
    Blaney McMurtry LLP
  • Article

    Employee's Bonus Entitlement During Reasonable Notice Period – Some Clarity

    On October 9, 2020, the Supreme Court of Canada (SCC) released an important decision for employers and employees in Canada regarding an employee's entitlement to bonuses...
    CanadaEmployment and HR
    Blaney McMurtry LLP
    Blaney McMurtry LLP
  • Article

    Employment Update: Enforcing Employment Contracts After Substantial Changes

    Most employers are aware of the importance and value of employment contacts, particularly for the purpose of setting out and limiting an employee's termination entitlements.
    CanadaEmployment and HR
    Blaney McMurtry LLP
    Blaney McMurtry LLP
  • Article

    Employment Update: Ontario Court Of Appeal: Silence Is Not Condonation Of Temporary Layoff

    Pham v. Qualified Metal Fabricators Ltd., 2023 ONCA 255, a recent decision of the Ontario Court of Appeal, provides guidance on the topics of when an implied right of temporary layoff will be found and when a temporary layoff will be considered to have been condoned by an employee.
    CanadaEmployment and HR
    Blaney McMurtry LLP
    Blaney McMurtry LLP
  • Article

    Is Your Employment Agreement Enforceable?

    Often, employers and prospective employees are eager to start their relationship.
    CanadaEmployment and HR
    Blaney McMurtry LLP
    Blaney McMurtry LLP
  • Article

    Nurse's Compensation Claim For Stress Upheld By Tribunal: Appeal Expected

    A provision in the WSIA, which denied benefits to workers suffering from non-traumatic mental stress, is unconstitutional.
    CanadaEmployment and HR
    Blaney McMurtry LLP
    Blaney McMurtry LLP
  • Article

    Recruiter And Temp Agency Update: Relief Is At Hand For Some; Just Not Everyone

    As described in our last newsletter article on the subject (November, 2023), Ontario recruiters and Temporary Help Agencies ("THAs") have been awaiting word from the provincial...
    CanadaEmployment and HR
    Blaney McMurtry LLP
    Blaney McMurtry LLP
  • Article

    Successor Employer Liability For Common Law Notice In The Building Services Sector: Really?

    The Ontario provincial legislature has addressed various forms of job protection for both union and non-union employees in the "building services sector".
    CanadaEmployment and HR
    Blaney McMurtry LLP
    Blaney McMurtry LLP
  • Article

    The Latest Ontario Labour Initiative: Bill 18 Stronger Workplaces For A Stronger Economy Act, 2014 Reintroduced

    The Bill seeks to amend several pieces of legislation all with the alleged purpose of helping the economy.
    CanadaEmployment and HR
    Blaney McMurtry LLP
    Blaney McMurtry LLP
  • Article

    Hantz Financial Services: U.S. District Court Applies "Direct Means Direct" Approach In Finding No Coverage For Third-Party Losses Under Financial Institution Bond

    In Hantz Financial Services, Inc. v. National Union Fire Insurance Company of Pittsburgh, PA., the U.S. District Court for the Eastern District of Michigan held that a Financial Institution Bond...
    CanadaFinance and Banking
    Blaney McMurtry LLP
    Blaney McMurtry LLP
  • Article

    Taylor & Lieberman: U.S. District Court Applies "Direct Means Direct" Causation Requirement In Finding No Coverage For Client Funds lost In Wire Transfer Fraud

    Taylor & Lieberman ("T&L") was an accounting firm which also performed business management and account oversight services for various clients, including the client in issue.
    CanadaInsurance
    Blaney McMurtry LLP
    Blaney McMurtry LLP
  • Article

    Canada And European Union Agree To Comprehensive Economic And Trade Agreement

    Canada and the European Union reached an important milestone on August 5, 2014, by agreeing to a draft trade agreement now undergoing legal review.
    CanadaInternational Law
    Blaney McMurtry LLP
    Blaney McMurtry LLP
  • Article

    Administrative Dismissals: A Decidedly Defence Perspective

    In the past several years, administrative dismissal orders have become a routine existence, if not an annoyance, at various stages of the litigation process.
    CanadaLitigation, Mediation & Arbitration
    Blaney McMurtry LLP
    Blaney McMurtry LLP
  • Article

    Fitness Trackers: From Solving Crime To Substantiating Injuries

    Fitness trackers, such as the Fitbit or the Apple watch, are becoming increasingly popular. Users typically wear them for 24 hours a day, and rely on them to monitor their activity,diet and even sleep
    CanadaLitigation, Mediation & Arbitration
    Blaney McMurtry LLP
    Blaney McMurtry LLP
  • Article

    Ontario Superior Court Tightens Rules: 'Your' Expert Witness May Now Be Anything But

    A recent decision of the Ontario Superior Court of Justice sheds light on the law regarding expert-witness evidence in Ontario.
    CanadaLitigation, Mediation & Arbitration
    Blaney McMurtry LLP
    Blaney McMurtry LLP

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