Articles 2021

This article identifies, corrects and clarifies eight of the most popular myths relating to termination of employment. Read on for a primer on common law and statutory entitlements, layoffs versus termination, releases, the impact of new employment after termination, and working notice.

The Ontario Toxics Reduction Act, 2009 (TRA) provided cost-effective benefits that were distinct and broader in scope than the federal Chemicals Management Plan under CEPA. The TRA had potential to make large reductions in toxic discharges over time, particularly if more of its provisions were brought into force. Despite this, however, Ontario proposed to repeal the TRA by the end of 2021. Doing so, significant transparency in toxics reduction could be lost, as well.

In the recent decision of Churchill Falls (Labrador) Corp. v. Hydro Québec, the Supreme Court of Canada considered the scope of the duty of good faith to re-write a contract, touching upon the heightened duty that can exist in “relational contracts”, such as franchise agreements.

"On these networks, voluntary assumption of risks is sufficient for justice. Nothing else matters and no further justice will be provided."

This week’s summaries of the civil decisions of the Court of Appeal for Ontario touch on a variety of topics including commercial tenancies, residential tenancies, oppression in the condo law context, the expiry of a tolling agreement, restarting the limitation period clock, municipal law and health law.

Get to know the members of the Public Sector Lawyers Executive in this series of articles.

As a preview of Kimberly Beckman and Aaron Platt's upcoming 2019 OBA Institute presentation, Aaron Platt helped to summarize some of the due diligence issues that arise in multi-tenant property transactions, especially from a planning lawyer's perspective.

Investing time and money into continuing professional development (CPD) can allow you to navigate new technologies, keep up with emerging issues, and make sure that you’re using the best tools and most current information to serve your clients. It is also an opportunity to refresh core competencies.

There are several truisms that accompany the practice of law. One of these is the fact that your family and friends will invariably and periodically ask for your assistance in addressing legal issues. As a trusted companion with the benefit of a legal education, a lawyer may even find that they have been appointed as an estate trustee under the Will of a friend or family member, occasionally without prior consultation.

A case currently before the Ontario courts highlights the importance of fraud and cybercrime awareness for both seasoned solicitors and newly-called lawyers. In Dentons Canada LLP v Trisura Guarantee Insurance Company 2018 ONSC 7311, an associate from the applicant law firm attempted to transfer over $2.5 million to clear a mortgage on his client’s property. Instead, he was duped into transferring most of the funds to a fraudster.