PUBLICATIONS

In the context of subrogated claims, the Ontario Sale of Goods Act (“SOGA”) gives rise to a potential cause of action that must be considered in order to ensure that all potential defendants are named in the claim. As claims handlers and counsel, it is important to determine whether a party to a sales contract upheld its obligations, namely that the goods sold were fit for the intended purpose and were of merchantable quality.

Subrogation is the process whereby an insurer, after indemnifying its insured, assumes its insured's right to recover damages as against a tortfeaser who is liable for causing the damages. Since the insurer's right to subrogate is derivative, the insurer is subject to the same limitations that the insured would be when seeking recovery from third parties.

Over the last few weeks, the eligibility criteria to qualify for CERB have been criticized for excluding many Canadians....In response to this criticism, Prime Minister Trudeau announced during his public address on April 15, 2020, that new criteria would be enacted.

After announcing the 75 per cent Canada Emergency Wage Subsidy on March 27, 2020, the Government of Canada announced new eligibility criteria for the Subsidy just days later. Specifically, on March 30, 2020, the Government set out that the Subsidy will be immediately available to non-profits, charities, and businesses of all sizes that have seen a reduction in revenue by at least 30 per cent as a result of COVID-19. Public sector entities are ineligible at this time.

As a result of the prominence of renter households in our province, the potential for liability on the part of the landlord is exponential. This paper focuses specifically on the duty of care that a landlord has for maintaining a rental complex or residential unit a good state of repair. The governing legislation includes the Occupiers Liability Act, and the Residential Tenancies Act.

In the recent decision of Aranas v. Kolodziej, Michael Kennedy of McCague Borlack was successful in securing a dismissal of the action as against its client on summary judgment. Despite the challenges routinely presented by these motions in the motor vehicle accident context, the defendants led sufficient evidence to establish that there was no genuine issue requiring trial.

Discrimination is a "distinction, whether intentional or not, but based on grounds relating to personal characteristics of the individual or group, which has the effect of imposing burdens, obligations, or disadvantages on such individuals or groups, not imposed on others." Such burdens "withhold or limit access to opportunities, benefits, and advantages available to other members of society.

In Lloyd v. Imperial Parking Ltd, the Court held that "[a] fundamental implied term of any employment relationship is that the employer will treat the employee with civility, decency, respect and dignity."1 The exact standard that the employer must adhere to depends on the particular work environment. If that standard is breached, the employee can make a claim for damages.

The notice period for terminating an employee may be dictated by contract, statute, or common law. 

This article will give a breakdown on the subject of employee termination / dismissal. Along with definitions on just cause, tests for just cause. Detailing dismissal without cause, mitigation, notice requirement, constructive dismissal, workplace harassment, with a discussion on toxic work environments.

Whether or not expressly mentioned in the employment contract, all employees (and employers) have the following fundamental obligations. 

Employment Law articles handled in 6 parts: Terminology, Obligations, Termination, Notice, Torts, Human Rights. Part 1 - Terminology, for example Contract, indefinite vs. fixed vs. Independent. Contract OF Services vs. Contract FOR Services, etc.

This paper will set out the common law defences available to a resort, its owners, and its insurers, when a patron is injured on their premises. Secondly, it will explore and discuss aspects of tavern liability and its application to resorts. Finally, this paper will provide several recommendations that resorts can enact to assist in limiting their exposure to liability.