In-House Counsel
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July 15, 2024
Canada updates draft report on forever chemicals, proposes new health and environmental regulations
The federal government has updated its draft report on per- and polyfluoroalkyl substances (PFAS), also known as forever chemicals, proposing to conclude that they may cause harm to human health and the environment.
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July 15, 2024
Appeal Court orders Crown to pay insurer out of forfeited cyber fraud proceeds after Crown error
The Ontario Court of Appeal has ordered that an insurer be paid amounts paid out to a cyber fraud victim from crime proceeds forfeited to the Crown after the Crown failed to raise the insurer’s claim at a restitution hearing.
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July 15, 2024
Former Liberal MP’s defamation claim survives anti-SLAPP motion
The anti-SLAPP motion decision of the Ontario Superior Court of Justice in Dong v. Global News, 2024 ONSC 3532, offers a cogent example of a defamation lawsuit that will require a full trial to determine or disprove liability. In response to the defendants’ motion to dismiss the action at an early stage, the motion judge determined that there was a genuine dispute over whether the impugned publication was defamatory and had damaged the reputation of a plaintiff. In such a case, the proper battleground to adjudicate the dispute is at trial not at an early-stage motion.
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July 15, 2024
How to undermine your dismissal for just cause | Stuart Rudner
“In light of what he did, we just can’t trust John and there’s no way he can continue as an employee … once we get through the trade show next month, we’ll terminate his employment.”
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July 12, 2024
Long-awaited B.C. coastal marine strategy to fill gaps in regulation of marine resources
British Columbia has launched a comprehensive new coastal marine strategy, co-developed with First Nations groups, which includes new regulations designed to enhance coastal marine management and create resilient communities.
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July 12, 2024
Supreme Court declines to hear municipalities’ challenge to CN Rail intermodal hub in Milton
The Supreme Court of Canada has refused to hear arguments by several southern Ontario municipalities that CN Rail is obligated to seek and obtain requisite approvals under more than 65 listed provincial laws, regulations and municipal bylaws to continue the construction of a $250 million intermodal container facility in Milton, Ont.
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July 12, 2024
Judges must consider size and scope of company when considering OHSA fines: Ontario Court of Appeal
Ontario’s top court has overturned the findings of a lower court of a proceeding under the provincial Occupational Health and Safety Act (OHSA), saying a fine imposed on a corporation must take its financial means into account in order to achieve both specific and general deterrence.
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July 09, 2024
Collective bargaining for managers: An alternate universe?
On April 19, 2024, the Supreme Court of Canada published its decision in Société des casinos du Québec inc. v. Association des cadres de la Société des casinos du Québec, 2024 SCC 13, As far as I can tell, it did not get much fanfare in labour relations circles.
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July 12, 2024
Drastic need for improvement for migrant worker laws | Taneeta Doma
In the summer, many Canadians will sit by the pool to stay cool or heat up the barbeque and enjoy their time with loved ones. At the same time, migrant workers across the country will be working in 30-plus degree weather in the fields or greenhouses, where there may be no shade for their entire shift — all to provide for their loved ones, whom they may see once a year if that.
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July 12, 2024
Canada-Ukraine Free Trade Agreement immigration provisions in effect as of July 1
Although Canada and Ukraine have had a free trade agreement in place since August 2017, this agreement was limited. It did not include sections on areas such as investment, trade in services, inclusive trade or temporary entry of businesspersons, among other areas addressed by many of Canada’s other free trade agreements. As a result, Canada and Ukraine announced the commencement of negotiations for the modernization of the agreement in January 2022. The final product of these negotiations is the modernized Canada-Ukraine Free Trade Agreement (CUFTA), which came into force on July 1, 2024.