Miller Thomson blogs

Miller Thomson Blogs put a more conversational lens on Canadian law. See the diverse perspectives of our lawyers here.

Displaying 571-580 of 651

A Mathematical Formula for Calculating a Fair and Reasonable Severance Payment

July 17, 2012

Canadian Labour & Employment Law Blog

Author: David Rice Thousands of non-union employees are “laid off”, “downsized”, “let go”, “packaged out” or “early retired” each year.  While all of them have contracts of employment – written or partly written and partly oral – very few of...

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Union Found to Have Committed Unfair Labour Practice in Organizing Drive

July 16, 2012 | Lisa Goodfellow

Canadian Labour & Employment Law Blog

In a decision released June 25, 2012, the Ontario Labour Relations Board (the “Board”) has found that an organizer from the Labourers’ International Union of North America, Ontario Provincial District Council (“LIUNA”) improperly influenced employees of Graham Bros. Construction Limited...

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Surveillance, Choice of Expert Bury Plaintiff’s Threshold Hopes

July 13, 2012

MT Insurance Law Blog

A Superior Court judge has ruled that a tort plaintiff with alleged chronic pain syndrome failed to meet the statutory threshold of “permanent, serious impairment” arising from a motor vehicle accident. In Dahrouj v. Aduvala, the 48-year-old plaintiff was injured...

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Woman falling before Taxi Ride not in Car “Accident”

July 10, 2012

MT Insurance Law Blog

A Superior Court judge has ruled against a plaintiff seeking to claim accident benefits from tripping/falling on her way to get into a parked taxi. In Barros v. Shah, the plaintiff was planning to go with her daughter (Maria Oliveira)...

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Gender Identity and Access to Women’s Washroom Facilities

July 9, 2012

Canadian Labour & Employment Law Blog

Author: Erik Marshall In response to a communiqué we recently published, in which we reported that a proposed amendment to the Ontario Human Rights Code (“Ontario Code”) that would see “gender identity” and “gender expression” added to the list of...

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FSCO Appeal Pockets Automobile Claim

July 5, 2012

MT Insurance Law Blog

FSCO has allowed the insurer’s appeal in a controversial decision about whether a pocket bike was an “automobile”.  In Bouchard v. Motors, Cassondra Bouchard had a friend named Kristin Stratton, who owned a couple of pocket bikes (described as gas powered...

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Ontario Court of Appeal Ruling – Mitigation Limitations

July 4, 2012 | Carol S. VandenHoek

Canadian Labour & Employment Law Blog

The Court of Appeal’s recent ruling in Bowes v. Goss Power Products Ltd., 2012 ONCA 425, will have significant impact on employers who utilize employment agreements. A five judge panel heard the severance case which addressed an important issue in...

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Branch vs. Subsidiary, which is right for you?

July 3, 2012

Carrying on Business in Canada For Non-Residents Blog

General Comments on Structuring the Business There are a number of business structures available to carry on business in Canada for foreign entities. Amongst these include sole proprietorships, partnerships, joint ventures and corporations (both public and private), as well as...

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Claimant Collects Complete (Attendant) Care Claims

June 29, 2012 | Anna-Marie Musson

MT Insurance Law Blog

In the Henry and Gore Mutual Insurance Company case, the applicant, Mr. Henry brought an application pursuant to Rule 14.05(d) and (h) to determine a dispute with respect to quantum of attendant care payable to an insured for services rendered...

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Class Certification Denied: Brown v. C.I.B.C.

June 26, 2012

Canadian Labour & Employment Law Blog

Author: Robert Bell In Brown v. Canadian Imperial Bank of Commerce, Justice Strathy of the Ontario Superior Court of Justice denied a motion for certification in the most recent proposed overtime class action. Readers will recall that there have been...

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Displaying 571-580 of 651

Disclaimer

The blog sets out a variety of materials relating to the law to be used for educational and non-commercial purposes only; the author(s) of the blog do not intend the blog to be a source of legal advice. Please retain and seek the advice of a lawyer and use your own good judgement before choosing to act on any information included in the blog. If you choose to rely on the materials, you do so entirely at your own risk.