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Torkin Manes LegalPoint

School Board Liability for Sexual Assaults by Teacher

Loretta P. Merritt An Ontario judge has found a school board vicariously liable for historical sexual abuse of a student by her teacher. This is an important decision as...
Jul 14, 2020
Torkin Manes LegalPoint

Court of Appeal Rules that “Cause” Existed to Invalidate Without Cause Termination Provision

Shreya Patel In a recent decision, the Ontario Court of Appeal held that a “termination for cause” provision that violates the Ontario Employment Standards Act, 20...
Jun 19, 2020
Torkin Manes LegalPoint

What Landlords need to know about Bill 184 and prospective amendments to Ontario’s Residential Tenancies Act, 2006

Seth Zuk and Anthony D'Angelo On March 12, 2020, Ontario’s Minister of Municipal Affairs and Housing introduced Bill 184, proposing the new Protecting Tenants and Strengthening Co...
Jun 15, 2020
Torkin Manes LegalPoint

Bill 188 Amendments to PHIPA

Sahil Razdan In light of the global COVID-19 crisis, majority of the world and its businesses have instantaneously inherited the need to become more digital. While...
May 29, 2020
Torkin Manes LegalPoint

Demoted Long Service Employee Receives 28 Month Notice Period and Aggravated Damages

Shreya Patel In a recent decision, an employee was awarded 28 months of reasonable notice upon his constrictive dismissal. At the time of his dismissal, the employ...
May 22, 2020
Torkin Manes LegalPoint

Ontario Court of Appeal Rules Franchisees are not Necessarily Obligated to Deliver Rescission Notice Prior to Suing Franchisors

Matt Maurer and Taryn Meyer If a franchisee wishes to rescind its franchise agreement, in what form can the franchisee provide notice? Courts had previously held that the notice ...
May 21, 2020
Torkin Manes LegalPoint

Nova Scotia Court of Appeal Decision a Big Interim Win for Organigram

Matt Maurer and Christoph Pike Last week the Nova Scotia Court of Appeal partially overturned the certification of a class action lawsuit against Organigram Inc. and its parent comp...
May 5, 2020
Torkin Manes LegalPoint

Labour Board Clears The Road For Food Couriers to Unionize

Daniel Pugen and Shreya Patel The Ontario Labour Relations Board (the “Labour Board”) has ruled that Foodora couriers are dependent contractors and have the right to unionize. Unde...
Mar 4, 2020
Torkin Manes LegalPoint

Is it Time to Update Your Employment Contracts?

Peter C. Straszynski For Canadian employers, one of the most important purposes of written employment contracts is to lawfully limit the amount of notice or compensation t...
Feb 3, 2020
Torkin Manes LegalPoint

Ontario’s Not-For-Profit Corporations Act – Further Delay

Linda J. Godel and Lauren Crosby The Ontario Ministry of Government and Consumer Services (Ministry) recently released new information confirming further delay for Ontario’s Not-for-P...
Jan 14, 2020
Torkin Manes LegalPoint

Busting Sexual Assault Myths (Still)

Loretta P. Merritt It’s been a long time since R. v. Seaboyer was released in 1991 but the myths just keep on coming up in sexual assault cases. In three recent decision...
Dec 3, 2019
Torkin Manes LegalPoint

Ontario Government Passes Wage Restraint Legislation

Daniel Pugen On November 8, 2019, the Provincial Government passed Bill 124, “the Protecting a Sustainable Public Sector for Future Generations Act, 2019” (“Bill 1...
Nov 20, 2019
Torkin Manes LegalPoint

Retirement Home Or Long-Term Care Facility

Irv Kleiner Torkin Manes LegalPoint In a recent interest arbitration award that was convened for the purposes of determining a labour dispute under the Hospital Labour Disputes Arbitrati...
Nov 13, 2019
Torkin Manes LegalPoint

Bill C-78 – The Long-awaited Overhaul of the Federal Divorce Act

Justyna A. Waxman Torkin Manes LegalPoint Overview Bill C-78, An Act to amend the Divorce Act, the Family Orders and Agreements Enforcement Assistance Act and the Garnishment, Attachment and ...
Sep 6, 2019
Torkin Manes LegalPoint

Second Lottery for Ontario Cannabis Retail Stores - What are the Rules and Strategies for Success?

Andrew J. Wilder and Matt Maurer Torkin Manes LegalPoint On July 3, 2019, the Ontario Government announced that it was moving to the next phase of its plan to license cannabis retail stores within ...
Aug 6, 2019
Torkin Manes LegalPoint

Senate Report Urges Action On Open Banking

Myron Mallia-Dare and Ben McLaughlin Torkin Manes LegalPoint In June 2019, the Standing Senate Committee on Banking, Trade and Commerce (the “Committee”) released its report on open banking, entitled...
Jul 25, 2019
Torkin Manes LegalPoint

Diversity and Inclusion Policies in the Workplace

Daniel Pugen E-Alert In the modern workplace, the role of human resources (HR) professionals is now, more than ever, complicated and varied. From ensuring the organization...
Jul 12, 2019
Torkin Manes LegalPoint

Court of Appeal Affirms “Cap” of Twenty-Four Months absent exceptional circumstances

Thomas A. Stefanik Torkin Manes LegalPoint On June 19, 2019, the Ontario Court of Appeal released a decision in Dawe v. Equitable Life Insurance Company of Canada.  One of the issues in th...
Jun 21, 2019
Torkin Manes LegalPoint

Province of Ontario Introduces New Legislation to Cap Public Sector Wages

Shreya Patel E-Alert The Ontario Government has introduced new legislation that is entitled Bill 124, Protecting a Sustainable Public Sector for Future Generations Act, 20...
Jun 6, 2019
Torkin Manes LegalPoint

Nude Video Chats Are Voyeurism

Loretta P. Merritt Torkin Manes LegalPoint In a recent criminal case two people were involved in a long distance romantic relationship and they engaged in intimate webcam video chat. Both peopl...
May 30, 2019
Torkin Manes LegalPoint

Enforcing Restrictive Covenants: The StressCrete Case

Peter C. Straszynski Torkin Manes LegalPoint In Canada, restrictive covenants in employment agreements can be very difficult to enforce, particularly by way of injunctive relief. This is often be...
May 14, 2019
Torkin Manes LegalPoint

Medical Cannabis and Safety Sensitive Work

Peter C. Straszynski Provincial and Federal Human Rights legislation requires that an employer accommodate an employee's medical condition to the point of "undue hardship"...
May 3, 2019
Torkin Manes LegalPoint

The Ontario Government Eliminates Certain Ministry of Labour Approvals

Daniel Pugen and Shreya Patel Torkin Manes LegalPoint The Ontario Government has passed Bill 66, Restoring Ontario’s Competitiveness Act, 2019 which amends the Employment Standards Act, 2000 (the &l...
Apr 8, 2019
Torkin Manes LegalPoint

Reflections on the 2019 Federal Budget from the Perspective of Charities and Non-Profits

Linda J. Godel and Lauren Crosby Torkin Manes LegalPoint Much has been written about the Federal Budget (Budget) tabled by the Department of Finance (Canada) on March 19, 2019 and its impact on charities and...
Mar 29, 2019
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