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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 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 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
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
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 LegalPoint

Mandatory Vaccination Policy Rejected by Arbitrator. What Does This Mean for Employers?

Irv Kleiner On November 10, 2021, we informed our readership of an arbitration award between UFCW and Paragon Security, in which Award Arbitrator Fred von Veh uph...
Nov 12, 2021
Torkin Manes LegalPoint

Mandatory COVID-19 Vaccination Policy Upheld by Arbitrator

Irv Kleiner In an arbitration between the UFCW (the "Union") and Paragon Security (the "Employer”), the Union grieved the Employer’s implementation of a mandatory...
Nov 10, 2021
Torkin Manes LegalPoint

Institutional Response to Disclosure of Sexual Abuse

Loretta P. Merritt There have been several cases where courts have considered whether an institutional response to receiving allegations of sexual assault has been appro...
Nov 8, 2021
Torkin Manes LegalPoint

Ontario Government Seeks to Protect Workers by Proposing Unique Changes to Employment Standards Legislation

Daniel Pugen Every Provincial Government seeks to enact reforms to labour and employment legislation. However, usually those reforms deal with traditional minimum ...
Oct 26, 2021
Torkin Manes LegalPoint

Refusal to Vaccinate: Disentitlement to EI Benefits and “Just Cause”

Peter C. Straszynski In past articles, we have addressed an employer’s right to introduce mandatory vaccination policies in the workplace. The introduction of such a polic...
Oct 22, 2021
Torkin Manes LegalPoint

The ONCA Is Finally Here!

Linda J. Godel and Alexandra Zavalunov Today, October 19, 2021 (proclamation date), marks the long awaited proclamation of the Ontario Not-for-Profit Corporations Act (ONCA). It has been el...
Oct 19, 2021
Torkin Manes LegalPoint

Ontario Human Rights Commission on Vaccination Exemptions: “Personal Preferences” and “Singular Beliefs” Against Vaccination not Protected by Human Rights Legislation

Peter C. Straszynski In past articles, we have emphasized that mandatory vaccination policies in the workplace are generally permissible, subject to legitimate objections ...
Sep 22, 2021
Torkin Manes LegalPoint

Open Toronto Businesses Must Have a COVID-19 Vaccination Policy

Peter C. Straszynski Many of our clients have been inquiring about the implementation of workplace vaccination policies.
Aug 27, 2021
Torkin Manes LegalPoint

Ontario Not-for-Profit Corporations Act – Transition and Next Steps

Linda J. Godel and Alexandra Zavalunov As we reported last week, the Ontario government announced that, after almost 11 years, the Ontario Not-for-Profit Corporations Act (ONCA) is finally ...
Aug 24, 2021
Torkin Manes LegalPoint

Ontario Not-For-Profit Corporations Act is Finally Coming into Force!

Linda J. Godel The Ontario government announced today that the Ontario Not-for-Profit Corporations Act (ONCA) is being proclaimed into force effective October 19, 20...
Aug 17, 2021
Torkin Manes LegalPoint

Privacy in Civil Sexual Assault Cases

Loretta P. Merritt Privacy is often, but not always, a concern to plaintiffs in civil sexual assault cases. This article will discuss keeping the plaintiff’s identity co...
Aug 13, 2021
Torkin Manes LegalPoint

Important Changes for Ontario Business Corporations Take Effect on July 5, 2021

Michael J. Hanley Effective Monday, July 5, 2021 corporations governed by the Business Corporations Act (Ontario) (“OBCA”) will no longer be required to have any Canadi...
Jun 22, 2021
Torkin Manes LegalPoint

Potential Franchisors Beware: The Powerful Statutory Rescission Remedy

Matt Maurer and Emily Dubis As a result of the existence of Ontario’s franchise legislation (the concisely named Arthur Wishart Act (Franchise Disclosure), 2000 (the “Act”)), fra...
Jun 7, 2021
Torkin Manes LegalPoint

The Advancing Oversight and Planning Ontario’s Health System Act, 2021; The Proposed Regulation of Personal Support Workers, Physician Assistants and Behaviour Analysts

Lindsay Kantor Every day, thousands of Ontarians receive vital care from unregulated health care providers including personal support workers (“PSWs”), physician ass...
May 10, 2021
Torkin Manes LegalPoint

The 2021 Federal Budget: Impact on the Charitable and Non-Profit Sector

Linda J. Godel and Lauren Crosby On April 19, 2021, Finance Minister Chrystia Freeland tabled the 2021 Federal Budget (Budget 2021), which is the first Federal Budget introduced since...
Apr 23, 2021
Torkin Manes LegalPoint

Federal Budget 2021: A Summary of Key Measures Affecting Businesses

Ted Citrome and Kay Leung On April 19, 2021, the Government of Canada released its first budget since the onset of the COVID-19 pandemic (“Budget 2021”). Overall, this pre-ele...
Apr 20, 2021
Torkin Manes LegalPoint

The Amazon Union Organizing Drive – What Canadian Employers Can Learn

Thomas A. Stefanik Everyone has heard of Amazon. It is the second largest private sector employer in the United States, and has built up a considerable presence in Canad...
Apr 20, 2021
Torkin Manes LegalPoint

Proposed Amendments to the Subdivision Control Provisions of the Planning Act Introduced in Ontario’s New Red Tape Bill - Finally

Sidney H. Troister, LSM Real estate lawyers across Ontario and the public will be pleased that, on April 15, 2021, the Ontario Government introduced in its new Red Tape Bill ...
Apr 15, 2021
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