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ESA Update: Ontario Set to Return to Its Former Public Holiday Pay Calculation By Fiona Brown, Michael F. Horvat and Nicholas Smith May 15, 2018 On May 7, 2018, the Ontario government introduced Ontario Regulation 375/18, signalling the end of the holiday pay calculation recently brought in by Bill 148. As of July 1, 2018, the public holiday pay calculation provided for in the Employment Standards Act, 2000 will revert back to the old for...
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Collective Agreement Benefits vs. Paid Emergency Leave – First Look After Bill 148 By Fiona Brown, Michael F. Horvat and Nicholas Smith May 15, 2018 Bill 148 introduced, for the first time in Ontario, a requirement that all employers provide paid leave for the first two days of Personal Emergency Leave taken by an employee in a calendar year. Labour arbitrators are frequently tasked with examining the interplay between the benefits provided u...
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Bill 53 Proposes Minimum Pay Rates for Workers Under Government Contracts By Fiona Brown and Nicholas Smith May 14, 2018 In mid-April, the Ontario government introduced Bill 53, the Government Contract Wages Act, 2018 (the “Bill”). The Bill, if passed, will set out new wage rates for workers in certain sectors under contract with government entities.
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New Ontario Rule Permits Payments to Charity Directors By Jeremy D. Burke Apr 17, 2018 On April 1, 2018, Ontario Regulation 112/18 came into effect amending O. Reg 4/01 (Approved Acts of Executors and Trustees) under the Charities Accounting Act. The Amendment modifies the existing Ontario common law rule that prohibits a charitable corporation from compensating a director (or any ...
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Important Changes to the Municipal Elections Act, 1996 By Jody E. Johnson Apr 13, 2018 All across Ontario, municipal elections are just over six months away. On April 1, the most recent amendments that will impact the Municipal Elections Act, 1996 came into force. There are a lot of changes to the rules for this election, but this article discusses some of the most important ones t...
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Recent Human Rights Tribunal Decision: Record Damage Award By Meghan A. Cowan Apr 10, 2018 The Human Rights Tribunal of Ontario (the “HRTO”) recently awarded one of its highest damage awards to date. In A.B. v. Joe Singer Shoes Limited, the HRTO awarded $200,000 (plus pre-judgment interest dating back to 2008) to a former retail worker who alleged that she was sexually...
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Ontario Introduces Pay Transparency Act, 2018 By Diana F. Saturno Apr 10, 2018 The Government of Ontario has introduced legislation that seeks to establish disclosure of compensation of employees and prospective employees. Bill 203, the Pay Transparency Act, 2018, was introduced on March 6, 2018, with the goal of addressing the continuing wage gap between male and female wo...
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What’s Next for the Ontario Energy Board? By David Stevens Apr 05, 2018 The Ontario Government has issued its 2017 Long-Term Energy Plan (2017 LTEP) setting out plans and priorities for the coming years. The Ontario Government has also created an expert “Modernization Panel” to review the OEB and report back by the end of 2018. The OEB itself has issued a “Strategic ...
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Doing Business in Canada - March 2018 Mar 29, 2018 Aird & Berlis is pleased to present the March 2018 edition of Doing Business in Canada. This publication was developed to provide a general overview of Canadian federal and Ontario law, and is intended for those planning to start, acquire or invest in a business in Canada.
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Increased Transit Funding Could Mean an Increased Need for Expropriations: What You Need to Know By David P. Neligan and Christopher J. Williams Mar 19, 2018 On March 14, 2018, the Federal and Provincial Ministers of Infrastructure announced a deal that will see $11.8 billion of federal money to support provincial infrastructure projects over the next ten years. Of that $11.8 billion, $8.34 billion will be earmarked for public transit ($4.89 billion o...
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Changes to WSIB - Nothing New Under the Sun... By David S. Reiter Mar 19, 2018 A recent article in the Toronto Star proclaimed coming changes to Ontario’s WSIB regime as being almost a game changer in the way that the government will be approaching workplace injuries going forward. The headline read “New Law to make employers accountable for temp worker injuries” and the ar...
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Recent “Interest” in Annual Rates By Jesse Waslowski and Alyssa Gebert Mar 01, 2018 In a recent and surprising decision, Solar Power Network Inc. v. ClearFlow Energy Finance Corp., the borrower, Solar Power Network Inc., successfully attacked loan agreement interest rate provisions on the basis that the provisions did not comply with Section 4 of the Interest Act (Canada). Despi...
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Cybersecurity Disclosure Guidance for Public Companies By Steve J. Tenai Mar 01, 2018 On February 21, 2018, the United States Securities and Exchange Commission issued interpretive guidance on cybersecurity disclosure obligations for public companies subject to U.S. securities laws. The Guidance underscores that public companies should inform investors about material cybersecurity...
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Highlights of the 2018 Federal Budget By Elisabeth V. Atsaidis, Neil Bass, Jack Bernstein, Rachel L. Blumenfeld, Stuart F. Bollefer, Carol J. Burns, Donald Carr, Ed Esposto, Angelo Gentile, Francesco Gucciardo, David Malach, Saam Nainifard, Andrew Nicholls, Marni Pernica, Elise M. Pulver, Robert Santia, Louise R. Summerhill, Barbara Worndl and Melanie A. Yach Feb 27, 2018 Canada’s Department of Finance (“Finance”) released Canada’s federal budget for 2018 (“Budget 2018”) on February 27, 2018 (“Budget Day”). Finance has made good on its promise made on October 18, 2017 to introduce proposals regarding the taxation of ...
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The Powerful Protections of the Ontario Repair and Storage Liens Act By Timothy Jones and Jesse Waslowski Feb 15, 2018 An equipment finance company finances the purchase of a truck and registers a purchase-money security interest pursuant to the Personal Property Security Act (Ontario) to protect its interest. The truck breaks down and is taken in for repairs. While the truck is in the shop, the debtor defaults u...
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Cryptocurrency Assets Under Insolvency and Personal Property Security Law By Timothy Jones and Dillon Collett Feb 15, 2018 Encrypted digital currencies (“cryptocurrencies”), particularly Bitcoin, have recently become the target of enormous international speculation and market scrutiny. Some expect cryptocurrency payments and other transactions tracked via distributed ledger technology (“DLT”, of which “blockchain” te...
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Ontario Publishes Documentation Requirements for Exempt HVAC Door-to-Door Transactions By David Stevens Feb 12, 2018 Recently, we wrote about new provisions of the Ontario Consumer Protection Act that will prohibit a range of door-to door consumer transactions. The new rules, which come into effect on March 1, 2018, will make unsolicited “direct agreements” unenforceable for HVAC equipment and other items such ...
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Third Strike for Ontario Construction Lien Act Deemed Trust in Bankruptcy By Sam Babe Feb 09, 2018 In a January 31, 2018 decision from the bench in the matter of Royal Bank of Canada v. A-1 Asphalt Maintenance Ltd. (Court File No. CV-14-10784-00CL) (“A-1 Asphalt”), Madam Justice Conway of the Ontario Superior Court of Justice (Commercial List) (the “Court”) held that the deemed trust provision...
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When Can a CCAA Monitor Bring an Oppression Claim Against a Stakeholder? By Timothy Jones, Steven L. Graff and Mark van Zandvoort Feb 01, 2018 Until a court orders otherwise, a monitor appointed under the Companies’ Creditors Arrangement Act is a neutral party and may not take sides in favour of one stakeholder over another. When can a monitor depart from this neutral role and launch litigation that favours certain creditors to the detr...
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Ontario Ban on Door-to-Door Agreements for HVAC Products Comes Into Effect on March 1, 2018 By David Stevens Jan 24, 2018 New provisions of the Ontario Consumer Protection Act will prohibit a range of door-to-door consumer transactions. The new rules, which come into effect on March 1, 2018, will make unsolicited “direct agreements” for HVAC equipment and other household appliances unenforceable. Newly-released amen...