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Tuesday, December 18, 2018 @ 3:08 PM

Changes may be coming to B.C. Labour Code coupleingear_sm.jpg

On Oct. 25, 2018, a committee of three B.C. government appointees released their long-anticipated report setting out a number of proposed changes to the Labour Relations Code of B.C. The panel was appointed in February 2018 to conduct a public consultation and recommend amendments to the Code. ... [read more]

Tuesday, December 18, 2018 @ 9:58 AM

How top court weighed in on freedom of religion in 2018 religious_freedom_sm

The Supreme Court of Canada delivered two important decisions involving freedom of religion this year. On May 31, 2018 it released its decision in Highwood Congregation of Jehovah’s Witnesses (Judicial Committee) v. Wall 2018 SCC 26 (Wall). Two weeks later, on June 15, the SCC released its decision in Law Society of British Columbia v. Trinity Western University 2018 SCC 32 with the companion decision in Trinity Western University v. Law Society of Upper Canada 2018 SCC 33 (together, Trinity Western). ... [read more]

Monday, December 17, 2018 @ 1:56 PM

Ontario Hockey League: Pay to play hockey players

For most Canadians, hockey is in our blood. Employment laws and regulations? Not so much. Having said that, employment applies to almost all of us, from the CEO down to the student packing groceries part-time at your local store. So why are some employees’ rights more of a topic of discussion than others? ... [read more]

Monday, December 17, 2018 @ 1:33 PM

Texting drivers to be hit with fines, three-day suspensions, $198 reinstatement fees Cartocop_sm.jpg

New changes to Ontario’s Highway Traffic Act (HTA) come into force on Jan. 1, 2019. The most significant for many people are the changes relating to driving with screens or hand-held communications devices; i.e., texting while driving. ... [read more]

Monday, December 17, 2018 @ 9:44 AM

Stiff penalties for foreign worker non-compliance foreign_workers_sm

Each year, thousands of temporary foreign workers arrive in Canada under the Temporary Foreign Worker Program and the International Mobility Program (IMP). The Temporary Foreign Worker Program (TFWP) involves a process where employers must first obtain a Labour Market Impact Assessment (LMIA) through Employment and Social Development Canada (ESDC) before the foreign worker may apply for a work permit issued by Immigration, Refugees and Citizenship Canada (IRCC). The LMIA involves testing the local labour market and analysing regional labour trends and shortages. All work permits under this program are subject to the compliance regime. ... [read more]

Friday, December 14, 2018 @ 11:19 AM

Reconsideration of the doctrine of consideration moneydebate_sm.jpg

“It has been famously said that ‘hard cases make bad law’; sometimes, however, hard cases make new law. Or, at least, they very much encourage the court to do so lest we give credence to Mr. Bumble’s lament in Oliver Twist: ‘If the law supposes that ... the law is a ass.’ ” ... [read more]

Friday, December 14, 2018 @ 9:17 AM

Putting ISO 37001 in your anti-corruption compliance toolkit anti_bribery_sm

The annual global cost of bribery is estimated at $1.5 trillion to $2 trillion a year, according to Rhoda Weeks-Brown, general counsel with the International Monetary Fund. She noted that this amounts to roughly two per cent of global GDP. Weeks-Brown made her remarks during her keynote address at the 35th International Conference on the Foreign Corrupt Practices Act on Nov. 28. ... [read more]

Friday, December 14, 2018 @ 9:02 AM

Condition precedent and the automatic termination of a contract

A true condition precedent occurs whenever the rights and obligations of the contracting parties depend on a future uncertain event, the happening of which is beyond the parties’ control and contingent entirely on the will of a third party. Until the event occurs, there is no right to specific performance on either side. ... [read more]

Thursday, December 13, 2018 @ 1:54 PM

Multi-peril insurance policies: Property damage not peril Condodamage_sm.jpg

In Condominium Corporation No. 9312374 v. Aviva Insurance Company of Canada 2018 ABQB 674, Alberta’s Court of Queen’s Bench held a multi-peril insurance policy did not cover damage sustained to the structural integrity of a parkade. ... [read more]

Wednesday, December 12, 2018 @ 2:21 PM

Why GM says plant closure signals seismic change assemblyline_sm.jpg

On Monday, Nov. 26, General Motors Canada (GM) announced that, by December 2019, it would be closing its 100-year-old auto manufacturing facility in Oshawa, Ont., and laying off approximately 3,000 employees. This closure will cut deeply into the economies of Oshawa and Ontario. Oshawa will not only lose thousands of jobs from its largest employer, but also a number of other jobs directly dependent on the manufacturer’s presence (the Ontario Federation of Labour multiplier estimates nine non-GM jobs lost for each GM job). ... [read more]