ArticleThe Lighter Side Of Tax OpinionsA list of the "likelihood of success" opinions (frequently with percentage thresholds) with respect to a proposed transaction.CanadaTaxDentons Canada LLP
ArticleClass Proceeding Against Investment Advisor, Firm And Trustee Certified At The Expense Of Individualized Causes Of ActionThe plaintiffs allege that Dundee and CWT are liable on the basis of breach of contract, negligent performance of a service, negligence simpliciter and breach of fiduciary duty. CanadaCorporate/Commercial LawDentons Canada LLP
ArticleCrowdfunding Alert: OSC Allows Equity Crowdfunding Platform For Ontario Accredited InvestorsIn an important step towards establishing equity crowdfunding in Canada, the Ontario Securities Commission has released a significant decision which allows MaRS VX, a not-for-profit entity and a wholly-owned subsidiary of MaRS Discovery District, to operate an online platform. CanadaCorporate/Commercial LawDentons Canada LLP
ArticleSecurities Regulators Propose Amendments To Oil & Gas Disclosure StandardsThe Canadian Securities Administrators have published for comment proposed amendments to National Instrument 51-101 Standards of Disclosure for Oil and Gas Activities and Companion Policy 51-101CP Standards of Disclosure for Oil and Gas Activities (51-101CP).CanadaCorporate/Commercial LawDentons Canada LLP
ArticleAlberta Employer Liable For Employee’s Negligent Driving Of Company Vehicle – Even Though Employer Told Him Not To Drive ItAlberta employers should heed a recent appeal decision in which an employer was held liable for damage caused by an employee while driving a company vehicle.CanadaEmployment and HRDentons Canada LLP
ArticleCompany Owner Convicted, Fined Under OHSA For Providing False Information, Failing To Co-Operate With MOL InspectorA widely-reported fire at a Kingston construction site that required the evacuation of a crane operator by helicopter, has resulted in fines against the owner of the company that supplied the crane operator.CanadaEmployment and HRDentons Canada LLP
ArticleEmployee Did Not Have Duty To Intervene To Stop Fight: CourtMadam Justice Beth Allen of the Superior Court of Justice decided that a bus driver was not required to intervene to stop a fight between two bus passengers and dismissed a negligence suit against the driver. CanadaEmployment and HRDentons Canada LLP
ArticleEmployee’s Lack Of Knowledge Of OHSA Was Factor In Denying Him Promotion; Employee’s Grievance DismissedAn employee’s lack of knowledge of safety laws was a proper consideration in his employer’s decision to deny him a promotion.CanadaEmployment and HRDentons Canada LLP
ArticleFalse Assault Allegation Against Supervisor Was Just Cause For Dismissal: Video Evidence Was ConclusiveAn employee who filed a written complaint, falsely alleging that his supervisor deliberately ran into him with a sharp blow from his shoulder, was dismissed for cause, an arbitrator has held.CanadaEmployment and HRDentons Canada LLP
ArticleFired Employee Failed To Prove That Depression, Harassment Drove Him To Fight: CourtThe Ontario Divisional Court has ruled that the Human Rights Tribunal of Ontario was wrong to find that the firing of an employee who was fired for fighting after being harassed was discriminatory.CanadaEmployment and HRDentons Canada LLP
ArticleGet Ready For The New Ontario Retirement Pension PlanNow that the 2014-2015 Ontario budget has been passed, employers should think about how the new Ontario Retirement Pension Plan could affect them.CanadaEmployment and HRDentons Canada LLP
ArticleGovernment OHSA Advisors Must Be Licenced Paralegals, Court DecidesEmployees of Ontario’s Office of the Worker Advisor and Officer of the Employer Advisor who provide legal services relating to the OHSA must be licensed paralegals.CanadaEmployment and HRDentons Canada LLP
ArticleIllegal For Harassment Program To Allow For "Preliminary Assessment", Early Dismissal, Employee Arguing At OLRBA provision in a harassment program allowing for a preliminary assessment of complaints, rather than an investigation, and for early dismissal, violates the Occupational Health and Safety Act, an employee is arguing before the Ontario Labour Relations Board.CanadaEmployment and HRDentons Canada LLP
ArticleJudge Chides Employer That Countersued Against Employee For Making Allegedly "False" Safety Complaint To Ministry Of LabourCourts should discourage employers from suing employees for making safety complaints to the Ministry of Labour, an Ontario Small Claims Court deputy judge has stated.CanadaEmployment and HRDentons Canada LLP
ArticleMarijuana Possession And Use At Work Justified Dismissal, Despite Employee’s "Drug Problem"A mining company employee was properly dismissed for possessing and using marijuana at work, a labour arbitrator has held. CanadaEmployment and HRDentons Canada LLP
ArticleMere Smell Of Marijuana Was Not Enough: Employee Was Entitled To Refuse Drug Test, Says CourtAn employee was entitled to refuse to submit to a reasonable-suspicion drug test where a supervisor smelled marijuana in the employee’s truck.CanadaEmployment and HRDentons Canada LLP
ArticleOHSA Charges Dismissed: Not Appropriate For MOL To Charge Under "General Duty" Clause Where Specific Regulation Addressed Safety IssueIn the case at hand, a worker had been welding a large steel product, approximately 6.5 feet off the ground, standing on planks atop A-frame steps.CanadaEmployment and HRDentons Canada LLP
ArticleOntario Proposes Increasing "Distracted Driving" Fines – And Adding Demerit PointsOntario’s government has introduced a Bill that would result in harsher penalties for distracted driving.CanadaEmployment and HRDentons Canada LLP
ArticleOntario’s New Human Rights PolicyThe Ontario Human Rights Commission released a new policy entitled "The Policy on Preventing Discrimination Based on Mental Health Disabilities and Addictions".CanadaEmployment and HRDentons Canada LLP
ArticlePost-Accident Safety Fixes: An Admission Of Liability?We are often asked whether post-accident fixes or improvements by an employer will be held against it if occupational health and safety charges are laidCanadaEmployment and HRDentons Canada LLP