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Cross-Border Consequences of Secondment

November 23, 2012

Carrying on Business in Canada For Non-Residents Blog

Cross-Border Consequences of Secondment This posting was authored by Cheryl Teron and Stephen Rukavina Miller Thomson LLP. Secondment often involves one company (the “Lending Employer”) lending its employees to another related company in another country (the “Receiving Employer”) for the […]

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Wage Differential a Continuing Contravention of the Code

November 21, 2012

Canadian Labour & Employment Law Blog

Author: Robert Bell Usually, applicants under the Ontario Human Rights Code have one year to file an application after a discriminatory incident. However, when there is not one, but a series of incidents, the Tribunal may find that there has […]

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Buck stops with Director: Director jailed 90 days for repeatedly failing to pay wages

November 19, 2012

Canadian Labour & Employment Law Blog

Author: Alex Heaslip A recent court ruling sends a clear message to directors: violate the Employment Standards Act, 2000 obligations and you may be sent to prison. Between March, 2007 and October, 2009, 61 employees from six companies operated by […]

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Court Finds Nexus even though Claimant Declines Policy

November 16, 2012

MT Insurance Law Blog

The Superior Court has found another “sufficient nexus” in a battle between two insurance companies. In Zurich v. Chubb, the claimant was driving a Ford Windstar that she had rented from Wheels4Rent, a car rental agency.  She had an accident […]

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When is a Commercial Vehicle “Heavy”?

November 11, 2012

MT Insurance Law Blog

A Superior Court judge has allowed an appeal in a loss transfer matter considering the “weight” of a vehicle for loss transfer purposes. In Republic Western v. Economical, the claimant was driving a 4-door Toyota insured with Economical when she […]

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Truth or Dare? When Employees Quit … or Maybe Don’t!

November 7, 2012

Canadian Labour & Employment Law Blog

Author: Clifford Hart Likely every unionized employer reading this has faced the situation where an employee, in some way or another, “quits” and then some time after claims s/he didn’t mean it. It is fair to say that many employers […]

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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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Disclaimer

This 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 this 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.