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Torkin Manes LegalPoint

Proposed Privacy Bill Introduces Fines and New Requirements for Private Organizations

Lisa R. Lifshitz, Roland Hung and Cameron McMaster After a hiatus of almost two years, the Canadian Government has finally recommenced its long awaited overhaul of existing federal private sector priva...
Jun 21, 2022
Torkin Manes LegalPoint

Legislative Update: Bill C-26 Introduces New Requirements for Federally Regulated Industries

Lisa R. Lifshitz and Cameron McMaster On June 14, 2022, the Minister of Public Safety, Marco Mendicino, introduced into Parliament the first reading of Bill C-26, An Act respecting cyberse...
Jun 17, 2022
Torkin Manes LegalPoint

Claims Against Related Non-Parties to a Joint Venture Agreement: What You Need to Know

Marco P. Falco, Michael Tamblyn and Aleksandar Jovanovic Parties who enter into joint venture / development agreements (“JDA”) are often contractually bound by dispute resolution processes, such as arbitrati...
Jun 8, 2022
Torkin Manes LegalPoint

Blockchain: Opportunities and Legal Considerations

Roland Hung, Lisa R. Lifshitz and Olivia Veldkamp Blockchain is a distributed ledger technology that is most widely known for its application with Bitcoin. Despite this claim to fame, blockchain techn...
Apr 20, 2022
Torkin Manes LegalPoint

Important Changes for Charities Arising from the 2022 Federal Budget

Linda J. Godel and Lauren Crosby The 2022 Federal Budget (Budget 2022), which was released on April 7, 2022, contains some significant changes directed at charities. Of key importance...
Apr 13, 2022
Torkin Manes LegalPoint

Arbitrator Upholds Mandatory Vaccination Policy in Retirement Home

Irv Kleiner The Employer in this case is a retirement home that is regulated by the Retirement Homes Act. The issue before the Board in Extendicare Lynde Creek R...
Apr 5, 2022
Torkin Manes LegalPoint

Tort of Intrusion Upon Seclusion Does Not Extend to Hacked Companies

Roland Hung and Abdul-Baasith Javed Recently, in Winder v. Marriott International, Inc., the Ontario Superior Court of Justice has reaffirmed its opinion regarding the limits of liabilit...
Mar 21, 2022
Torkin Manes LegalPoint

Disconnecting from Work Policy – Government of Ontario Provides Guidance

Gillian Howe On December 2, 2021, the Government of Ontario enacted Bill 27, Working for Workers’ Act, 2021, which, amongst other legislative changes, amended the ...
Mar 3, 2022
Torkin Manes LegalPoint

Working for Workers Act – Take Two

Daniel Pugen On February 28, 2022, the Government of Ontario introduced major changes to workplace legislation via Bill 88. This follows up on the government’s Wor...
Mar 1, 2022
Torkin Manes LegalPoint

Statutory Ban On Non-Competition Clauses Does Not Apply To Agreements Entered Into Prior to October 25, 2021

Daniel Pugen and Shreya Patel The Ontario Government recently passed the Working for Workers Act, 2021. This legislation amended the Employment Standards Act, 2000 to prohibit non...
Feb 17, 2022
Torkin Manes LegalPoint

Arbitrator Strikes Down Employer’s Automatic Termination Provision In A Mandatory Vaccination Policy

Irv Kleiner and Shreya Patel In a recently released arbitration award, Arbitrator Misra held that a mandatory vaccination policy, which included the right of the Employer to termi...
Feb 8, 2022
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
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