Hamilton v Bluewater Recycling Association et al (2016 ONCA 805) involved a motorcyclist (Hamilton) who tried to overtake a recycling truck as the truck turned left. The vehicles collided and Hamilton was grievously injured. Hamilton brought a personal injury action for damages. At trial, the jury found Hamilton 100% liable…
Parkhill Excavating Ltd v Royal & Sunalliance Insurance Co of Canada (2016 ONCA 832) – Parkhill, designed and installed septic systems. It had commercial liability policies between 2004 to 2010 with a number of insurers. Parkhill’s septic systems were found to be defective and 36 septic systems had to be…
Sean Bawden’s employment law blog ‘Labour Pains’ has been selected as the Best Niche Blog in the Canadian Law Blog Awards (aka The Clawbies). The award recognized the blog as “consistently one of the most incisive legal blogs in Canada“. Congratulations, Sean.
The federal government’s Bill C-45, An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts (“the Cannabis Act”), has now passed its first reading in the Senate1. While the Cannabis Act is still subject to further debate, Parliamentary approval, and Royal…
On December 21st, a group of volunteers from Kelly Santini served dinner at the Ottawa Mission. Many thanks to the dedicated staff and volunteers at the Mission who welcome us to take part in this tradition each December. Thanks also to our clients. Your continued loyalty is what makes it…
On November 22, 2017, the Ontario Government passed Bill 148, the Fair Workplaces, Better Jobs Act, 2017, S.O. 2017 C.22. The Bill received Royal Assent on November 27, 2017. The Bill amends several statutes: Colleges Collective Bargaining Act Crown Employees Collective Bargaining Act, 1993 Employment Protection for Foreign Nationals Act…
Brent Craswell successfully represented an employee before the Federal Court of Appeal in an application for judicial review of a decision of the Canada Industrial Relations Board. The CIRB held that the employee’s union, the Canadian Union of Postal Workers, acted in an arbitrary fashion when it refused to proceed…
In an asset-sale transaction, if the purchaser offers to employ an employee of the vendor, can the purchaser vary some (or all) of the fundamental terms of the employee’s employment contract and rely on the offer itself as sufficient legal consideration for such changes? In the case of Krishnamoorthy v….
