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Friday, April 12, 2019 @ 8:41 AM

Ontario’s ‘One-Judge’ pilot borrows from arbitration one_judge_sm

On Feb. 1, Ontario’s Superior Court of Justice began a two-year pilot project to test-drive one important feature of arbitration — one judge handling all procedural steps in a case: all pretrial hearings, case management conferences and the trial. ... [read more]

Tuesday, April 09, 2019 @ 11:34 AM

Ontario introduces digital self-auditing tool to monitor compliance with ESA Inna Koldorf sm

In its “commitment to a modern, efficient government,” Ontario has introduced a digital self-audit tool to replace paper audits done by employment standards officers (ESOs) on companies’ compliance with the Employment Standards Act (ESA). Labour and employment lawyers say they believe this tool will prove effective and save time for employers, but have mixed feelings about non-compliant companies using the tool appropriately. ... [read more]

Monday, April 08, 2019 @ 1:48 PM

Stephens named new executive director, general counsel for LEAF

Women’s Legal Education and Action Fund (LEAF) announced on April 4 that Megan Stephens has accepted the position of executive director and general counsel, replacing Shaun O’Brien, who was appointed to the Superior Court of Ontario on Jan. 31, 2019. ... [read more]

Monday, April 08, 2019 @ 1:15 PM

The QuadrigaCX collapse: Regulators play catch-up asset_collapse_sm

The proverbial chicken-or-egg analogy can be quite superfluous in the context of who acts first — the innovator or the regulator. Every now and then you have innovators who impetuously bludgeon through the jungle and create a chasm before the regulatory mechanism catches up with a framework. It’s a perennial tug-of-war that the regulator takes time to latch on to for reasons sometimes justified and sometimes not.   ... [read more]

Monday, April 08, 2019 @ 5:54 AM

TELUS v. Wellman calls for legislative action | William Horton

Pity the Supreme Court of Canada. In TELUS Communications Inc. v. Wellman, [2019] S.C.J. No. 19, the court was called upon to choose between: Excluding tens of thousands of TELUS’ business customers from any effective remedy by keeping them out of a class action which would decide the exact same claims advanced by customers who are consumers; and stretching the words of s. 7(5) of the Arbitration Act beyond the meaning that the words literally bear. ... [read more]

Friday, April 05, 2019 @ 9:08 AM

More reasons to abandon the HST | Dale Barrett

In my first article in this series, I expressed the opinion that the entire HST system and its legal framework are fundamentally flawed. I outlined four of the nine problems with HST to help illustrate why it should be abandoned. Here are the remaining problems. ... [read more]

Thursday, April 04, 2019 @ 5:21 PM - Last Updated: Friday, April 05, 2019 @ 11:22 AM

SCC rules that Ontario business customers bound by arbitration clauses are barred from suing service providers  Michael Moldaver

The Supreme Court of Canada has ruled 5-4 that business customers of TELUS in Ontario can’t piggyback on a $520-million consumer class action for alleged cellphone overbilling because, under Ontario’s Arbitration Act 1991, they are bound by their TELUS service contracts to arbitrate their disputes rather than sue. ... [read more]

Thursday, April 04, 2019 @ 3:25 PM

CIVIL PROCEDURE - Parties - Class or representative actions - Stay of action due to parallel proceeding

Appeal by Telus Communications Inc. (Telus) from a judgment of the Ontario Court of Appeal affirming a decision that refused to stay business customers’ claims in a class action against Telus. ... [read more]

Tuesday, April 02, 2019 @ 2:28 PM

Navigating new options proposed for addressing salary overpayments magnetwithmoney

When an employer overpays an employee, it is tempting to think the solution is simple: arrange for a repayment agreement. However, the rules regarding treatment of income tax and government plan deductions, particularly when the overpayment is in a prior year, are complicated and put most of the onus on the employee. These requirements make an awkward situation all the more difficult, leaving both the employer and the employee frustrated. As a result of the errors created by the Phoenix payroll system, the federal government experienced this frustration firsthand, which has led it to propose a new, more straightforward approach. ... [read more]

Tuesday, April 02, 2019 @ 8:24 AM

Canadian cannabis: Challenges and global opportunities cannabis_canadian_sm

On April 1, the first bricks-and-mortar cannabis retail stores became legal in Ontario. While cannabis was legalized countrywide on Oct. 17, the government-run online Ontario Cannabis Store has so far been the only legal outlet for cannabis in Ontario. Although Canada’s most populous province has only given 10 stores the green light to open on April 1, the first phase of cannabis legalization is now largely complete. ... [read more]