Trustee Tip
January 9, 2017 The Ontario Court of Appeal’s decision in Cahill v. Cahill demonstrates several valuable lessons for those who agree to be an executor or trustee. The facts in Cahill probably represent a common scenario. Through his Last Will and Testament, a father appointed his son and daughter as executors. The Will required a trust to […]
What Is “Consumer Surplus”?
January 3, 2017 By Brian Babcock Traditionally, courts award damages for breach of contract mainly from a commercial viewpoint- asking questions such as “what additional expenses did the breach cause?” or, sometimes “what was the loss of profits suffered?” These approaches however do not adequately capture the non-monetary benefits which flow from certain types of consumer […]
A Lawyer’s Twelve Days Of Christmas
December 16, 2016 By Brian Babcock On the first day of Christmas my client asked me “who owns a partridge in a pear tree?” I answered that no one owns wild game, but domestic fowl are another tale indeed. On the second day of Christmas, my client asked me “what if I fall in love and […]
Court Of Appeal Favours Enforcing Arbitration Clauses
November 22, 2016 By Brian Babcock Some time back, I wrote about Taking Arbitration Clauses Seriously, noting that “Canadian courts are increasingly willing to enforce the terms of arbitration clauses in commercial agreements.” This has been reinforced by a recent Ontario Court of Appeal decision, Haas v. Gunasekaram, which involved a dispute between investors in a restaurant. The […]
Bill 132 And Workplace Sexual Harassment
November 9, 2016 By Brad Smith Bill 132, “An Act to amend various statutes with respect to sexual violence, sexual harassment, domestic violence and related matters”, amends 6 different Ontario Acts but we will focus on the changes to the Occupational Health and Safety Act. The Occupational Health and Safety Act was amended in 2010 to include workplace harassment […]
The New Canada Child Benefit
October 11, 2016 By Brad Smith The Canada Child Benefit (the “CCB”) replaces what used to be known as the child tax benefit and universal child care benefit. The good news is the CCB increases the amount of benefits received compared to the combination of the child tax benefit and universal child care benefit. Some highlights: […]
Inquest Into The Deaths Of 7 First Nations Youth Comes To A Conclusion
October 6, 2016 The Inquest into the deaths of Jethro Anderson, Curran Strang, Paul Panacheese, Robyn Harper, Reggie Bushie, Kyle Morriseau and Jordan Wabasse, seven (7) First Nation youth who died while attending high school in the City of Thunder Bay, concluded on June 28, 2016. These young people were forced to leave their families, […]
Employees Are Entitled To Bonus Payment After Termination
September 7, 2016 By Brad Smith The employment relationship is governed by the law of contract. But the common law also implies certain terms. One implied term is that if an employee is terminated without cause, the employee shall receive reasonable notice of termination. If the employer does not provide the notice, the termination is a […]
Federally Regulated Employers Now Require Just Cause For Dismissal: Wilson V. Atomic Energy Of Canada Ltd.
July 27, 2016 On July 14, 2016 the Supreme Court of Canada released its much-anticipated decision in Wilson v. Atomic Energy of Canada Ltd, providing a determination on the meaning of the Unjust Dismissal provisions of the Canada Labour Code (the “Code”). In short, unlike their provincial counterparts, federally regulated employers may not dismiss (or “fire”) a non-unionized employee without […]
The Employer’s Poor Financial Circumstances Are Not Important In Wrongful Dismissal
June 8, 2016 By Brad Smith “…an employer’s poor economic circumstances do not justify a reduction of the notice period to which an employee is otherwise entitled …” The Ontario Court of Appeal stated this on November 23, 2015 in Michela v. St. Thomas of Villanova Catholic School. Three employees were employed on successive year to year […]