Miller Thomson blogs

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

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Carrying on Business in Canada

October 30, 2012

Carrying on Business in Canada For Non-Residents Blog

This posting was authored by Crystal Taylor, a Partner in the Saskatoon office of Miller Thomson LLP. As a general rule, a non-resident is prima facie liable to pay Canadian income tax on business income earned in Canada if the non-resident...

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Facebook Taunts Reprehensible, But Are They Just Cause For Dismissal?

October 19, 2012

Canadian Labour & Employment Law Blog

Man in London, Ont. fired after posting derogatory comments on tribute pagefor bullied British Columbia teen who committed suicide Author: Stuart Rudner We have spent the last few days reading about the horrific tragedy that resulted in Amanda Todd, a...

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Safety Misconduct and Just Cause

October 16, 2012 | Carol S. VandenHoek

Canadian Labour & Employment Law Blog

The case of Barton v. Rona Ontario Inc.1 raises the issue of dismissal for cause based upon employee misconduct relating to a serious safety violation. In this case, the plaintiff was an assistant store manager who had worked for the employer...

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ONCA Rules on Regular Use

October 11, 2012

MT Insurance Law Blog

The Court of Appeal has just released its decision in Kingsway v. Gore and Security National v. Markel dealing with regular use issues. Both matters dealt with similar facts, namely: A truck driver (contractor, sole proprietor) owns a truck and...

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Let There Be Wheat: Labour Standards for Farm Employees

October 10, 2012 | Heather MacMillan-Brown

Canadian Labour & Employment Law Blog

“The Lord said ‘let there be wheat’ and Saskatchewan was born” – Stephen Leacock Saskatchewan has long been synonymous with farming. The 2011 census suggests that while there are currently fewer farms in this province than in years past, they...

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The Trials and Tribulations of Wen and Shen

October 3, 2012 | Ashleigh T. Leon

MT Insurance Law Blog

On September 20, 2012, Justice Stevenson of the Ontario Superior Court of Justice in the decision of Wen v. Unifund Assurance Company, ordered that the insureds in this case “must take responsibility for their own actions and for their own...

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Focusing on the Next Generation: Age Discrimination?

October 1, 2012 | Claudia Desjardins Belisle

Canadian Labour & Employment Law Blog

Discrimination in the workplace is unfortunately more common than one might expect and may be based on the age of a senior employee and the desire to promote younger employees. Can one clearly label the attitude of certain managers towards...

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ONCA Reverses Pastore

September 27, 2012

MT Insurance Law Blog

The Court of Appeal for Ontario has released its decision in Pastore v. Aviva, allowing the appeal and restoring the Director’s Delegate’s order. In Pastore, the claimant was involved in a car accident on November 16, 2002.  She suffered a...

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QUÉBEC COURT OF APPEAL: No duty to disclose unfounded allegations of dishonest conduct to potential employer

September 24, 2012

Canadian Labour & Employment Law Blog

Author: Marie-Pier Côté In a very interesting and unanimous decision[1], the Québec Court of Appeal has recently ruled that an employee faced with unfounded allegations of embezzlement does not have to disclose such accusations to a potential employer during the...

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FSCO approves medicinal marijuana: shocking, but for a different reason

September 19, 2012 | Talaal Bond

MT Insurance Law Blog

There is always controversy regarding the approval of novel treatment modalities, and medical marijuana is no different. At first blush it seems sensational that marijuana would be approved as a reasonable and necessary treatment, as was decided in T.N. and...

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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.