Do Not Make a Bad Situation Worse: Court of Appeal Awards Punitive Damages for Inadequate Safety Practices following a Workplace Accident
In Eynon v Simplicity Air Ltd,[1] the Ontario Court of Appeal recognized that post-incident conduct in the workplace can expose an employer to additional liability. The Court upheld a jury […]
The Court of Appeal Weighs in on Representation Orders in Small Claims Court: Kelava v. Spadacini
The Court of Appeal recently considered whether the Small Claims Court has jurisdiction to make a representation order and appoint a representative defendant for an unincorporated association. The Rights of Labour […]
You Heard Us the First Time: Global Payrolls Determine Severance Pay Obligations in Ontario
In Hawkes v. Max Aicher (North America) Limited,[1] the Divisional Court strongly affirmed and expanded the 2014 ruling in Paquette v Quadraspec Inc[2] that an employer’s entire national payroll must […]
The Ontario Court of Appeal Provides a Clear Solution to the Common Employer Doctrine
In O’Reilly v ClearMRI Solutions Ltd.[1], the Ontario Court of Appeal clarified when the “common employer doctrine” will ascribe liability to a corporation in respect of an individual employed by […]
If a debt is outstanding, but not enforceable in court… is it really a debt?
The classic pseudo-philosophical question of: If a tree falls in a forest when no one is around to hear it, does it make a sound? reveals a tension around the importance of […]
Daily Commercial News reports on the sixth panel of WeirFoulds’ Tools for Success – A Construction Law Webinar Series
Members of the construction industry hoping to avoid project disputes know full well that the best first step is to draft airtight, unambiguous contracts. But as our team of construction […]
Construction Reopens June 11th, 2021 – Are your Delay Claims Ready?
Starting June 11th, 2021, Ontario will officially enter Step 1 of the recently announced Roadmap to Reopen framework. For those in the construction industry, this means that all construction activities […]
The Home Stretch: Ontario Extends Temporary ESA COVID-19 Rules to September 25, 2021
On May 29, 2020, as Ontario was in the midst of the first wave of the COVID-19 pandemic, the Ontario government introduced Ontario Regulation 228/20 (the “Regulation”) under Ontario’s Employment […]
Transportation Notes: Contents of Cockpit Voice Recorder Released in Class Action
In Canada (Transportation Safety Board) v Carroll-Byrne, 2021 NSCA 34 (“Carroll-Byrne”), the Nova Scotia Court of Appeal upheld a lower court’s authorization of the conditional release of the contents of […]
Expert Evidence: A Refresher from the Court of Appeal on the Key Roles of the Judge, Expert and Counsel
The Ontario Court of Appeal in Parliament v. Conley, 2021 ONCA 261 has provided a refresher for judges, experts and counsel on the roles each plays when dealing with expert evidence: 1. […]
Daily Commercial News provides coverage on panel, “Managing the COVID-19 Related Claims Process” moderated by Glenn Ackerley at the Toronto Construction Association’s virtual Members’ Day
Daily Commercial News recently reported on a panel discussion moderated by WeirFoulds Partner Glenn Ackerley, “Managing the COVID-19 Related Claims Process” that took place at Toronto Construction Association’s virtual Members’ […]
Daniel Wong interviewed by Canadian HR Reporter on how employers can survive compliance audits amid the Covid-19 pandemic
WeirFoulds Partner and Chair of the Employment Law Practice Group, Daniel Wong, was recently interviewed by Jeffrey R. Smith of Canadian HR Reporter. The interview was featured in the article, […]
Policy, not law: the Divisional Court discusses the Clergy principle
On May 5, 2021, the Ontario Divisional Court released its decision in Masters v Claremont Development Corporation[1], which discusses the Clergy principle, as well as the jurisdiction of the Divisional […]
Estopped by a Shared Assumption: The Court of Appeal Clarifies the Doctrine of Estoppel by Convention
On April 1, 2021, the Ontario Court of Appeal reviewed and clarified the equitable doctrine of estoppel by convention in its decision in Fram Elgin Mills 90 Inc. v Romandale Farms […]
Stay Home and Stay Safe: Ontario Announces Paid Sick Leave to Combat COVID-19 Pandemic
The ongoing COVID-19 pandemic has placed the Ontario government in the unenviable position of having to balance the need to protect workers with the need to preserve and protect Ontario […]