In a recent decision, Wilds v. 1959612 Ontario Inc., the Ontario Superior Court of Justice awarded punitive damages against an employer for its conduct at, and following, the time of termination. In so doing, the court provided a helpful reminder for employers to meet their lawful obligations when ending the employment relationship or risk exposure…
The Backstop(s) The initial EU proposal included in the first draft Withdrawal Agreement provided that Northern Ireland would remain within the EU customs territory. Of course, remaining in the EU customs territory and in parts of the single market while the rest of the UK was out of those structures is anathema to many, not least the DUP….
Read More “Whatever Happened to the Backstop — On Secessions, Constitutions and EU law” »
In Ontario, two core legal documents help to define the franchise relationship between franchisors and franchisees: the Franchise Disclosure Document (FDD) and the Franchise Agreement. Both documents are informed by requirements of the Arthur Wishart Act (Franchise Disclosure), 2000, S.O. 2000, c. 3 (the “Wishart Act”), which was enacted to ensure fairness and transparency between Franchise…
If you’re making a Workplace Safety and Insurance Board (WSIB) claim or appeal that’s related to workplace injuries or illnesses, you should be aware of the time limitations involved. Under Ontario’s Workplace Safety and Insurance Act, you have six months to report your injury or illness to the WSIB and claim benefits following the date…
Read More “Understanding WSIB Limitation Periods – Van Dyke Law” »
While the EU remains committed to the UN’s Sustainable Development Goals, for the rest of the world they’re simply unrealistic. Can the EU balance sustainable growth with environmental, social and labour rights through trade deals that are driven by corporate social responsibility? As early as 2007, the EU cited its commitment to ‘peace, security, the…
Read More “How far can we raise the bar for corporate social responsibility?” »
The 1802 New York Supreme Court case of Lenox v. United Insurance Company 1 offers timeless guidance on the distinction between preliminary “proof of loss” requirements and “proof” evidence required at trial. This distinction remains critically important for today’s insurance practitioners and policyholders alike. This post is a follow-up to Where Did the Proof of Loss…
Loyalty point programs demonstrate that, for GST/HST purposes, a payment can be received in its entirety as both a commercial and exempt amount. The Federal Court of Appeal (“FCA”) recently allowed an appeal brought by President’s Choice Bank (“PC Bank”) in President’s Choice Bank v Canada, 2024 FCA 135 [President’s Choice]. The decision permitted PC…
The UK might have left the European Union on 31 January 2020, but it has not left its gravitational field, nor will it in 2021. The challenge for all sides is somehow to stabilise British exceptionalism outside the EU’s legal order, writes Martin Westlake (LSE/College of Europe). Those on the ‘remain’ side of the Brexit argument,…
Read More “The UK might be outside the European Union but not outside its gravitational field” »
US President-Elect Donald Trump’s incoming administration is reportedly looking into torpedoing a deal between the UK and Mauritius that raises serious questions about the future of the .io ccTLD. According to The Independent, Trump wants to veto the deal that would see the UK cede sovereignty over most of the Chagos islands, currently known as…
3 Minute Read Trusts can be very powerful financial planning tools. They can, however, become complicated. In this article, we briefly introduce the concept of a Trust. A trust is a legal arrangement that allows individuals (settlor or grantor) to transfer assets to a trustee to hold and manage for the ultimate benefit of a…
