Much has already been written in regards to the recent decision of the Supreme Court of Canada (“SCC”) in Wilson v Atomic Energy of Canada Ltd, 2016 SCC 29 [Wilson]. It may seem surprising that it took thirty years to settle on Parliament’s intent in introducing the 1978 amendment to the Canada Labour Code, RSC […]
Ross-Clair, a division of R.O.M. Contractors Inc. v Canada (Attorney General), 2016 ONCA 205 [Ross-Clair] is the Ontario Court of Appeal’s (“ONCA”) latest decision affecting the commercial construction industry. Commercial construction contracts typically include not only arbitration clauses, but also detailed provisions on how to deal with disputes over additional costs incurred during the project […]
Being laid off close to the age of retirement can be quite a devastating experience. It is all the more devastating when you have worked for the same company for three decades and your skills may not reflect current job market needs. Add to this the fact that, because of your employment contract, you are […]
The Executives of Livent were masters of live performance. Known for producing popular shows such as The Phantom of the Opera and Show Boat, they never thought their own escapades would play out in the media as a protracted drama with a final act orchestrated by the highest court in Ontario.
Due to a dearth of commercial appellate decisions around the holiday season, a tort decision from the Ontario Divisional Court has caught my attention. Swern v Amazon Hardwood Centre Inc, 2015 ONSC 7590 [Swern] is a Small Claims Court decision appealed by the Defendants to the Divisional Court on a number of well-reasoned points of […]
In the civil litigation context, it has been a client’s longstanding right to challenge the reasonableness of his or her lawyer’s account for services rendered. Clients may apply to have a lawyer’s costs assessed by a court under Rule 58 of the Rules of Civil Procedure, RRO 1990, Reg 194. Evans Sweeny Bordin LLP v […]
In the recently released decision Holland v Hostopia.com Inc., 2015 ONCA 762 [Holland], the Ontario Court of Appeal reaffirms the importance of fresh consideration where the employer seeks to amend the employment agreement. Where a basic offer of employment includes a requirement to sign a full employment agreement at a later time, that full employment agreement will […]
Introduction Remedy Drug Store Co Inc v Farnham, 2015 ONCA 576, is centered on a dispute over whether the parties reached a settlement agreement arising out of the breakdown of an employment relationship. The Ontario Court of Appeal reaffirmed its attitude to settlements: "it is in everyone's interest that litigation be concluded by the parties' […]
It is not every Supreme Court of Canada (“SCC”) case that deals with situations which thousands of Canadians encounter daily, and it is not every decision that has the potential to have immediate implications. Societe en commandite Place Mullins v Services immobiliers Diane Bisson Inc, [2015] SCC 36 [Place Mullins], however, is just such a […]
A landmark decision of the Alberta Court of Appeal (“ABCA”) in Sandhu v Siri Guru Nanak Sikh Gurdwara of Alberta, 2015 ABCA 101 [Sandhu], extends the oppression remedy outside of the corporate context and into the governance of religious organizations. Where governing members of religious organizations act oppressively, Alberta’s Religious Societies’ Land Act, RSA 2000, c […]