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  • Article

    SCC Dismisses Appeal In Tax Advisor Penalty Case

    The Supreme Court of Canada has dismissed the appeal of the taxpayer and determined that the tax advisor penalty in section 163.2 of the Income Tax Act is administrative in nature.
    CanadaTax
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    The Gwartz Decision: The GAAR Is Not A Filler

    In a recent case the Crown attempted to utilize the GAAR to recharacterize as dividends certain capital gains which had been realized by a family trust and allocated to the minor-aged taxpayers in 2003, 2004 and 2005.
    CanadaTax
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    What’s The Difference Between A Graduate Student And An Employee?

    In Rizak v. M.N.R., the Tax Court of Canada considered this question and determined, on the facts, that a graduate student performing research at the University of British Columbia was an employee for the purposes of the Employment Insurance Act.
    CanadaTax
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    Class Proceeding Against Investment Advisor, Firm And Trustee Certified At The Expense Of Individualized Causes Of Action

    The 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 Law
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    Start-up Crowdfunding Exemption Adopted In Certain Canadian Jurisdictions

    The start-up exemption permits funding portals to facilitate the offering of securities by way of crowdfunding, subject to a number of conditions.
    CanadaCorporate/Commercial Law
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    Are Supervisors Able To Assess Impairment? Drug Driving Decision Suggests So

    A recent Ontario decision suggests that laypersons - such as supervisors – may assess whether a person is impaired from drugs or alcohol.
    CanadaEmployment and HR
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    Backhoe Operator Swings Worker Around "Four Full Rotations", Convicted Of Criminal Assault

    In a bizarre case, a backhoe operator has been convicted of assault under the Criminal Code after he tried, in a fit of rage, to throw a co-worker off the backhoe by rotating the machine four full rotations while the worker held on to a railing as his feet were flying free of the machine.
    CanadaEmployment and HR
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    Canada Day Deadline: Less Than One Month To Complete Safety Awareness Training

    Employers have less than one month to ensure that their workers and supervisors complete the mandatory "basic occupational health and safety awareness training".
    CanadaEmployment and HR
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    Company Owner Convicted, Fined Under OHSA For Providing False Information, Failing To Co-Operate With MOL Inspector

    A 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 HR
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    Constructive Dismissal In Canada

    Several jurisdictions around the world permit claims for what is known as "constructive dismissal" or "constructive discharge".
    CanadaEmployment and HR
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    Employee’s Lack Of Knowledge Of OHSA Was Factor In Denying Him Promotion; Employee’s Grievance Dismissed

    An employee’s lack of knowledge of safety laws was a proper consideration in his employer’s decision to deny him a promotion.
    CanadaEmployment and HR
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    Employer Asks HRTO For Permission To Access Employer’s Own "Occupational Health And Claims Management" File On Employee

    Must an employer obtain permission from the Human Rights Tribunal of Ontario to access medical records held in the employer’s own file on an employee who filed a human rights complaint with the Tribunal?
    CanadaEmployment and HR
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    False Assault Allegation Against Supervisor Was Just Cause For Dismissal: Video Evidence Was Conclusive

    An 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 HR
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    Get Ready For The New Ontario Retirement Pension Plan

    Now 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 HR
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    "I Guess I'd Have To Kill You" Remark Could Not Reasonably Have Been Interpreted As A "Viable Threat": Fired Worker Entitled To ESA Termination Pay

    A worker's comment that "I guess I'd have to kill you" was clearly inappropriate but did not constitute wilful misconduct under the Ontario Employment Standards Act...
    CanadaEmployment and HR
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    Illegal For Harassment Program To Allow For "Preliminary Assessment", Early Dismissal, Employee Arguing At OLRB

    A 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 HR
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    Judge Chides Employer That Countersued Against Employee For Making Allegedly "False" Safety Complaint To Ministry Of Labour

    Courts 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 HR
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    Lack Of Remorse A Key Factor In Decision To Levy Hefty Fine In Non-Fatal Accident Case

    This case is indicative of the current trend for increased fines, regardless of whether the accident results in death, particularly where the organization blatantly disregards its health and safety obligations under the Act and the principals of the organization are not, in the Court's view, sufficiently repentant.
    CanadaEmployment and HR
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    Marijuana 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 HR
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    Mere Smell Of Marijuana Was Not Enough: Employee Was Entitled To Refuse Drug Test, Says Court

    An 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 HR
    Dentons Canada LLP
    Dentons Canada LLP

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