Miller Thomson blogs

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

Displaying 651-660 of 752

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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Grandma isn’t Always to Blame

September 19, 2012 | Teneil MacNeil

MT Insurance Law Blog

Juliet Bratanov’s 18 year old grandson used her van to run-down and kill Kevin Persaud after a drug deal gone bad. Persaud’s family consequently commenced an action against Bratanov claiming that Bratanov was vicariously liable for the actions of her...

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Scents and Sensitivities

September 18, 2012 | Thomas V. Duke

Canadian Labour & Employment Law Blog

Employers often face a variety of complaints from employees about health concerns due to individual conditions. One Ontario employer recently faced a Human Rights complaint for its failure to eliminate all scents from the workplace in the case of Kovios...

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ONCA: Lessee Entitled to Recovery for Property Damage Under Lessor’s Policy

September 17, 2012

MT Insurance Law Blog

A recent Ontario Court of Appeal decision has addressed the extent to which a lessee is covered by a lessor’s auto insurance policy for property damage that the lessee incurred to its cargo in an accident. In Siena-Foods Ltd. v....

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Attendant Care: Beware

September 14, 2012 | Helen D.K. Friedman

MT Insurance Law Blog

Insurers defending retroactive claims for Attendant Care Benefits on the basis of a claimant’s failure to submit an “Application for the Benefit” by means of an Assessment of Attendant Care Needs – Form 1 (“Form 1”) had best beware. Until...

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Split ONCA Rules IE Expenses Not Recoverable in Loss Transfer

September 11, 2012

MT Insurance Law Blog

In a 2-1 split, the Court of Appeal for Ontario has held that the provincial loss transfer scheme does not allow a first party insurer to recover from the second party insurer any insurer examination expenses relating to accident benefits....

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Are Equity Partners Employees? Mandatory Retirement in Law Firms

September 6, 2012 | Jill W. Wilkie

Canadian Labour & Employment Law Blog

For some time now, it has been a settled principle of human rights law that employers cannot force employees to retire unless the age of an employee amounts to a bona fide occupational requirement. While mandatory retirement used to be...

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Express/Written Restrictive Covenants For Key Employees More Important Than Ever

September 4, 2012 | Monique Petrin Nicholson

Canadian Labour & Employment Law Blog

A recent Supreme Court of Canada decision has considered the question of who is a “fiduciary”, making it an important one from the perspective of employment law. In Alberta v. Elder Advocates of Alberta Society 2011 SCC 24 (“Elder Advocates”),...

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What you Need to Know to Incorporate a Canadian Subsidiary Corporation

September 4, 2012

Carrying on Business in Canada For Non-Residents Blog

General One option for a foreign entity seeking to do business in Canada is to create a Canadian Subsidiary Corporation. An advantage of a subsidiary over a branch structure is that a subsidiary allows the foreign entity to portray a...

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Displaying 651-660 of 752

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.