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ONCA kills tort of harassment

The Ontario Court of Appeal has unanimously rejected harassment as an independent tort, (i.e. a specific wrong which can be sued upon): Merrifield v. Canada (Attorney General), 2019 ONCA 205. T The Supreme Court of Canada has, in the past, said that Human Rights tribunals are the proper places for harassment complaints: Seneca College of […]

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The Court of Appeal wrongly upends a routine practice

“The Ontario Court of Appeal continues to do surprising and alarming things with pre-incorporation contracts… Benedetto v. 2453912 Ontario Inc., 2019 ONCA 149 … is wrong on two grounds. The first ground is based on the expectations the parties will have had in the circumstances of the case. The second ground is based on a […]

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Employer Limits on Employee Free Speech

“Is the duty of loyalty a limit to freedom of expression?” In their article of that title Félix Germek-Michaud and Simon Gagné of Lavery Lawyers answer “yes”, in examining the case of a bookstore employee who wore a patch in support of Quebec students who were protesting government tuition changes: “The right to freedom of […]

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Arbitration Clauses and Employment Contracts: NO? Maybe.

“A recent decision from the Ontario Court of Appeal involving Uber throws into doubt the enforceability of certain arbitration clauses in employment (and independent contractor) agreements — and potentially consumer and other agreements. The Court found the arbitration clause at issue was invalid due to statutory non-compliance and unconscionability, in part because it required Uber […]

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“Independent Contractors” can get severance?

Jeff Dutton of Dutton Employment Law brings our attention to a Superior Court case that may change the law in Ontario: Cormier v. 1772887 Ontario Limited c.o.b. as St. Joseph Communication. Ms. Cormier had been an independent contractor with St. Joseph Communication [“StJC] from 1994-2004, an employee from 2004 to 2012, and a manger with […]

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Basket Clauses are OK again: Milne Estate (Div.Ct.)

Good news.  As the reader will recall, the decision in Milne Estate threw the Estate bar of Ontario in confusion over the issue of whether “basket clause” multiple wills were invalid.  The Divisional Court (Milne Estate (re) [Div.Ct.]) has now restored the law as it was before the first decision: “basket” (or “allocation”) clause wills […]

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“When can Directors of Charities be Compensated?”

Lori Duffy and Kate Stephens of Weir Foulds give us a rundown.

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“The Latest Word on Unjust Enrichment”

John O’Sullivan has provided an excellent summary of the Supreme Court of Canada’s latest case on unjust enrichment, Moore v. Sweet 2018 SCC 52:  “The Latest Word on Unjust Enrichment“. The Supreme Court of Canada itself has provided a “Case in Brief“. Camberwell House’s summary of what “unjust enrichment” is found here.

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“30 tips for a reasonable workplace investigation”

Jeff Dutton (of Dutton Employment Law) has written a very useful article on First Reference (also found on the firm’s blog here): “30 tips for a reasonable workplace investigation“.

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Provisional good news: a separate judge has rejected Milne Estate

In Panda Estate (Re), 2018 ONSC 6734 (CanLII) As the reader will recall, the Milne Estate decision said that a multiple will basket clause failed because — according to Dunphy J. in Milne Estate — a will is a form of trust and that, in order for a will to be valid, it must create […]

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