Category: Uncategorized

Negative references for former employees?

Shannon Whyley of MLT Aikins Law in her article “Say What You Need to Say: Employers not Liable in Defamation for Negative Employee References” provides a good summary of two Superior Court decisions [see below] which give former employers more room to provide a negative reference: “the dual judgments should give employers some comfort that […]

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A welcome win against excessive technicalities

Biancaniello v. DMCT LLP 2017 ONCA 386 Ontario’s Court of Appeal has struck a welcome blow for wide-ranging general language and against requiring excessive length and specificity in contracts.  The Court decided that clarified that “exceptionally comprehensive” language wasn’t necessarily required to release claims that were unknown at the time the release was signed. “[T]he language […]

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Some useful thoughts on probationary employee terminations

Grant Machum and Sean Kelly of Stewart McKelvey note in their article “You gotta have (good) faith: terminating without notice during the probationary period” the struggle that employers may face in choosing between different ways of terminating probationary employees. In examining two recent BC and Alberta cases, “these decisions suggest that, provided there is a […]

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Marijuana may be covered by employee benefit plan.

“Denial of coverage for medical marijuana under employee benefit plan found to be discriminatory”. McCarthy Tetrault, May 2, 2017 Key quote: “While the Skinner decision does not mean that medical marijuana must be covered under every private benefit plan, it does demonstrate the necessity of considering human rights obligations when deciding how to respond to […]

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Think twice before making generous termination clauses

Stringer LLP (in their First Reference post “Generous termination clauses: Think twice before making promises“) note the dangers in contract language ambiguity: it is a weak spot which will invite litigation and result in judicial intervention.  In Holmes v Hatch Ltd.  it was the word “appropriate”.  Stringer LLP’s takeaway is accurate: “Employers may choose to […]

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“New Non-Resident Speculation Tax in Ontario”

Article by Jane C. Helmstadter of Bennett Jones: https://www.bennettjones.com/Publications%20Section/Blogs /New%20NonResident%20Speculation%20Tax%20in%20Ontario

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Provincial land transfer tax changes effective April 24, 2017

From LawPro: “The Province has announced it will collect additional information through the land transfer tax system to help it better understand trends in the real estate market. Persons who purchase or acquire land that contains one to six family residences or agricultural land are required to provide this additional information starting April 24, 2017. […]

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“Sometimes Legal Aid Is the Problem, Not the Solution”. Superb article.

Sometimes Legal Aid Is the Problem, Not the Solution

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ICD Webinar: Increasing regulatory impact on Director Insurance

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“Looking for a sweet peacekeeping spot in Africa? Don’t do it.”

“Looking for a sweet peacekeeping spot in Africa? Don’t do it.”  by Lew MacKenzie (MGen. ret.). Sitrep, RCMI, January-February, 2017. Looking for a Sweet Peacekeeping Spot in Africa – 2017-02 Sitrep Reprinted here with the kind permission of the Royal Canadian Military Institute.

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