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Torkin Manes LegalPoint

NDAs and Gag Orders in Sexual Misconduct Cases

Loretta P. Merritt The vast majority of civil lawsuits end up in a negotiated settlement, rather than an adversarial trial. Settlements avoid the risk and cost of a tria...
Jan 20, 2022
Torkin Manes LegalWatch

Business Context Matters When Assessing Good Faith

Marco P. Falco In the past few years, a trilogy of decisions from the Supreme Court of Canada has established that the good faith principle includes: (i) A duty of...
Jan 18, 2022
Torkin Manes LegalPoint

Being Placed On An Unpaid Leave of Absence Is Not A Denial of Seniority Rights

Irv Kleiner and Shreya Patel A recent arbitration award by Arbitrator Norm Jesin has affirmed an employer’s ability to enforce a vaccination policy that requires employees to disc...
Jan 14, 2022
Torkin Manes LegalPoint

The Subdivision Control amendments to the Ontario Planning Act are now law

Sidney H. Troister, LSM On January 1, 2022, numerous important amendments to Section 50 of the Ontario Planning Act became law; amendments that reflect significant enhancemen...
Jan 7, 2022
Torkin Manes LegalWatch

The Top 10 Civil and Commercial Litigation Cases of 2021

Marco P. Falco As 2021 draws to a close, it is time to take stock of the most important civil litigation decisions affecting businesses and the practice of law in On...
Dec 22, 2021
Article

Omicron trumps court order for separated parents in Christmas travel dispute

Adam N. Black Special to Financial Post Issues related to the Omicron variant are already making their way into Canada’s family courts, where a judge last week blocked a separated father fro...
Dec 22, 2021
Torkin Manes LegalPoint

Updates for Ontario and Federal Not-for-Profits and Charities

Linda J. Godel and Alexandra Zavalunov This fall, the Ontario government made several legislative and regulatory changes that directly impact Ontario charities and not-for-profit corporatio...
Dec 16, 2021
Article

Top 5 considerations before challenging a tribunal decision

Marco P. Falco The Lawyer’s Daily As a discretionary remedy, judicial review asks the court for relief by way of what were once known as the "prerogative writs," including certiorari, ...
Dec 10, 2021
Article

What you need to know about New Brunswick’s new retail regulations

Matt Maurer and Siena Hilley Bland Business of Cannabis To date, and as matters currently stand, Cannabis NB, a subsidiary of the New Brunswick Liquor Corporation, is the only legal retailer of recreational...
Dec 2, 2021
Torkin Manes LegalPoint

Update: Ontario Passes the Working for Workers Act, 2021

Gillian Howe The Ontario Government has passed the Working for Workers Act, 2021, which in addition to changes to other statutes, includes unique amendments to the...
Dec 2, 2021
Article

Sonu Dhanju-Dhillon, Liz Hong and Nikita Mathew were published in Advocacy Matters

Sumeet (Sonu) Dhanju-Dhillon, Eunsu (Liz) Hong and Nikita Mathew Advocacy Matters Sonu Dhanju-Dhillon, Liz Hong and Nikita Mathew had an article titled, "Facebook Notification: You’ve been served!" in the Advocacy Matters newsletter...
Nov 29, 2021
Torkin Manes LegalPoint

Are Employees Entitled to Sick Pay When Self-Isolating? Arbitration Award Provides Guidance

Shreya Patel In a recent Arbitration Award, Arbitrator Jesin addressed the issue of whether and when employees who are required to isolate because of possible expo...
Nov 29, 2021
Torkin Manes LegalWatch

How to Prove a Claim for Economic Loss

Marco P. Falco In Canada, actions for pure economic loss in tort law pose a unique set of challenges.
Nov 26, 2021
Novel Coronavirus (COVID-19)

When is a Mandatory Vaccination Policy Reasonable? Arbitration Award Provides Additional Guidelines

Shreya Patel In a recent Arbitration Award, Arbitrator Stout provided further guidance on vaccination policies in the course of balancing the legitimate interests...
Nov 25, 2021
Article

The pandemic has complicated child support payments by the self-employed

Laurie H. Pawlitza Special to Financial Post The pandemic’s economic effect on Canadians has caused a significant decline in income in many industries with one result being that courts are more c...
Nov 23, 2021
Article

Do 'prospects of success' determine when limitation clock runs?

Marco P. Falco The Lawyer’s Daily In Ontario, under s. 5(1)(a)(iv) of the Limitations Act, 2002, 5.0. 2002, c.24, Schedule B (the Act), the two­ year limitation period for most civil l...
Nov 22, 2021
Nov 16, 2021
Nov 15, 2021
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