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Wednesday, April 26, 2017 @ 8:26 AM

CIVIL PROCEDURE - Pleadings - Striking out pleadings or allegations - Grounds - Failure to disclose a cause of action or defence - Lack of jurisdiction

Motion by the Office of the Ombudsman to strike out the plaintiff’s Statement of Claim and for dismissal of the action against it; motion by the Legislative Assembly of Ontario (Assembly) to dismiss the action as against it for lack of jurisdiction. The plaintiff claimed declaratory relief and damages for wrongful dismissal based on his termination as the Ombudsman of Ontario. He pleaded that the Office of the Ombudsman and the Assembly were his employers. The plaintiff had not been re-appointed for a third term when his second term expired. The Court considered whether, as a matter of law, the Ombudsman, as an officer of the Legislature, was or could be employed by the Office of the Ombudsman. ... [read more]

Tuesday, April 25, 2017 @ 12:41 PM

Employer's unfavourable reference 'qualified privilege,' court rules Gurlal Kler

The Ontario Superior Court of Justice sided with an employer in a defamation case brought forward by a former employee over an unfavourable reference check. The court ruled the reference check fell “within the range of qualified privilege” and that the defendants acted without malice. ... [read more]

Tuesday, April 25, 2017 @ 10:09 AM

Harper Grey adds associate to business law group

Scott Howie has joined Harper Grey LLP as an associate with the business law group in the firm's Vancouver office. ... [read more]

Monday, April 24, 2017 @ 10:09 AM

Stewart McKelvey adds two new associates

Former Stewart McKelvey articled clerks Giles Ayers and Justin Hewitt, who both were called to the Newfoundland and Labrador bar on Friday, have joined the St. John's office, as associates. ... [read more]

Monday, April 24, 2017 @ 9:13 AM

Fasken to host one-day seminar on OHS best practices

Fasken Martineau is hosting a one-day seminar on May 2 on occupational health and safety best practices. ... [read more]

Thursday, April 20, 2017 @ 4:19 PM

Taxi union asks court to quash Ottawa bylaw legalizing private transportation firms

Unifor Local 1688 has filed a lawsuit in Ontario Superior Court looking to quash an Ottawa city council bylaw that licensed private transportation companies to operate in the city. ... [read more]

Tuesday, April 18, 2017 @ 3:21 PM

Motion seeks stronger protections for Ontario temp agency workers Krista Kais-Prial

The Ontario Legislature passed a motion on April 13 that calls for the government to put into place greater protections for temporary agency workers. ... [read more]

Tuesday, April 18, 2017 @ 8:54 AM

Teplitsky, Colson adds Lake as partner in litigation group

Teplitsky, Colson LLP announced that Jennifer Lake became a partner in the Brunswick/Pitch group effective Jan. 1, 2017. ... [read more]

Tuesday, April 18, 2017 @ 8:33 AM

OHSA offences aren’t necessarily strict liability

Since R. v. Sault Ste. Marie, OHSA and other regulatory offences have been presumed to be strict liability. On proof of the wrongful act, the defendant must disprove its negligence by establishing it exercised reasonable care. In OHSA prosecutions, this approach has functioned well when the alleged wrongful act is the failure to meet a specific requirement, such as guarding a pinch point. But, what about the situation when the gravamen of the offence is the defendant’s failure to undertake reasonable steps to provide a safe workplace for its workers? Should not the Crown be required to prove negligence as the wrongful act? ... [read more]

Monday, April 17, 2017 @ 10:34 AM

Weed in the workplace: Accommodate without getting burned

With medical recognition of marijuana as medication, growing social acceptance of the recreational use of marijuana in the same manner as alcohol and our federal government’s stated intention to legalize recreational usage, there is no doubt that we will be seeing more issues relating to marijuana in the workplace. In that regard, employers should never react based on stereotypes of marijuana users. Rather, employers (and employees) must recognize that there are different types of users, and each one raises its own set of issues. Some will be entitled to accommodation, and others will not. ... [read more]