ArticleOntario 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 & ArbitrationBlaney McMurtry LLP
ArticleWho Is An Expert For The Purposes Of Rule 53.03: The Court Of Appeal’s Decision In Westerhof v Gee EstateWhen can a witness who has not been retained by a party to the litigation give opinion testimony at trial?CanadaLitigation, Mediation & ArbitrationBlaney McMurtry LLP
ArticleConsulting On Change: Provincial Review Of The Land Use Planning SystemThe 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 ConstructionBlaney McMurtry LLP
ArticleLower 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 & ArbitrationBlaney McMurtry LLP
ArticleCapital Markets Ripe For Profitable Businesses Looking For Fresh Funds To Expand Or InnovateThis 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 LawBlaney McMurtry LLP
ArticleComplying With Canada's New Forced Labour And Child Labour Reporting LawLast May, the Canadian government enacted legislation aiming to assist in the removal of forced labour and child labour from Canadian supply chains.CanadaCorporate/Commercial LawBlaney McMurtry LLP
ArticleEmployee's Bonus Entitlement During Reasonable Notice Period – Some ClarityOn 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 HRBlaney McMurtry LLP
ArticleEmployment Update: Enforcing Employment Contracts After Substantial ChangesMost 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 HRBlaney McMurtry LLP
ArticleEmployment Update: Ontario Court Of Appeal: Silence Is Not Condonation Of Temporary LayoffPham 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 HRBlaney McMurtry LLP
ArticleIs Your Employment Agreement Enforceable?Often, employers and prospective employees are eager to start their relationship.CanadaEmployment and HRBlaney McMurtry LLP
ArticleNurse's Compensation Claim For Stress Upheld By Tribunal: Appeal ExpectedA provision in the WSIA, which denied benefits to workers suffering from non-traumatic mental stress, is unconstitutional.CanadaEmployment and HRBlaney McMurtry LLP
ArticleRecruiter And Temp Agency Update: Relief Is At Hand For Some; Just Not EveryoneAs 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 HRBlaney McMurtry LLP
ArticleSuccessor 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 HRBlaney McMurtry LLP
ArticleThe Latest Ontario Labour Initiative: Bill 18 Stronger Workplaces For A Stronger Economy Act, 2014 ReintroducedThe Bill seeks to amend several pieces of legislation all with the alleged purpose of helping the economy.CanadaEmployment and HRBlaney McMurtry LLP
ArticleHantz Financial Services: U.S. District Court Applies "Direct Means Direct" Approach In Finding No Coverage For Third-Party Losses Under Financial Institution BondIn 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 BankingBlaney McMurtry LLP
ArticleTaylor & Lieberman: U.S. District Court Applies "Direct Means Direct" Causation Requirement In Finding No Coverage For Client Funds lost In Wire Transfer FraudTaylor & Lieberman ("T&L") was an accounting firm which also performed business management and account oversight services for various clients, including the client in issue. CanadaInsuranceBlaney McMurtry LLP
ArticleCanada And European Union Agree To Comprehensive Economic And Trade AgreementCanada and the European Union reached an important milestone on August 5, 2014, by agreeing to a draft trade agreement now undergoing legal review.CanadaInternational LawBlaney McMurtry LLP
ArticleAdministrative Dismissals: A Decidedly Defence PerspectiveIn 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 & ArbitrationBlaney McMurtry LLP
ArticleFitness Trackers: From Solving Crime To Substantiating InjuriesFitness 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 sleepCanadaLitigation, Mediation & ArbitrationBlaney McMurtry LLP
ArticleOntario Superior Court Tightens Rules: 'Your' Expert Witness May Now Be Anything ButA recent decision of the Ontario Superior Court of Justice sheds light on the law regarding expert-witness evidence in Ontario.CanadaLitigation, Mediation & ArbitrationBlaney McMurtry LLP