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Archive for ‘Substantive Law: Legislation’

Recent Publications of the Canadian Research Institute for Law and the Family

The Canadian Research Institute for Law and the Family, an independent organization affiliated with the University of Calgary, closed on 31 August 2018. The closure of the Institute is somewhat of a national tragedy, given that it was one of the very few organizations conducting empirical research on family law, justice processes and access to justice in Canada, and was the inevitable result of today’s singularly infelicitous funding climate.

The Institute has conducted some remarkable, innovative and often ground-breaking work over the 31 years of its existence. Highlights include some of the first work on the financial consequences of . . . [more]

Posted in: Justice Issues, Legal Information: Libraries & Research, Practice of Law, Substantive Law: Legislation

When Does the Limitation Period for a Wrongful Dismissal Claim Start?

In a recent decision, the Ontario Court of Appeal clarified that the limitation period for a wrongful dismissal claim does not start at the end of employment, but rather as soon as working notice is provided. . . . [more]

Posted in: Case Comment, Substantive Law, Substantive Law: Judicial Decisions, Substantive Law: Legislation

When Does the Limitation Period for a Wrongful Dismissal Claim Start?

In a recent decision, the Ontario Court of Appeal clarified that the limitation period for a wrongful dismissal claim does not start at the end of employment, but rather as soon as working notice is provided. . . . [more]

Posted in: Case Comment, Substantive Law, Substantive Law: Judicial Decisions, Substantive Law: Legislation

Privately Owned Cannabis Retail Coming to Ontario

In a dramatic about-face, the Ontario government announced today that privately owned cannabis retail will be coming to the province.

Under the newly-announced framework, the sale of recreational cannabis will initially be available only online in the province when the Federal Government brings the Cannabis Act into force on October 17, 2018. However, the provincial government will be implementing a privately owned retail framework which will be developed after consultation with a variety of stakeholders. These consultations are set to begin almost immediately.

Municipalities will have a large say over the shape of private retail in the province as the . . . [more]

Posted in: Substantive Law: Legislation

Why a Scent-Free Policy Not a Solution in the Detection of Cannabis Impairment

There is a recent article that suggested that implementing a scent-free or fragrance-free environment policy would help employers know if their employee is high at work from cannabis use, and what actions to take when they catch them high at work.

Most people are familiar with smoking dried cannabis in hand-rolled cigarettes, pipes or water pipes-but people can consume cannabis in many forms, including: “vaping”; eaten in cannabis-infused foods called “edibles” (e.g., cooking oils and drinks); applied as oils, ointments, tinctures, cream and concentrates (e.g., butane hash oil, resins and waxes); and of course, ingested as oral pills and oral . . . [more]

Posted in: Case Comment, Miscellaneous, Practice of Law, Practice of Law: Practice Management, Substantive Law, Substantive Law: Judicial Decisions, Substantive Law: Legislation

New Brunswick Workplace Regulation to Prevent Violence and Harassment

New Brunswick violence and harassment provisions under the Occupational Health and Safety Act and General Regulation 91-191 aimed at identifying and preventing violence and harassment in the workplace will take effect September 1, 2018. Currently, New Brunswick is the only Atlantic province that does not specifically address the issue of workplace violence in its health and safety laws. All Atlantic provinces do not currently address harassment in health and safety laws. New Brunswick will be the first.

While certain occupational groups, such as health-care workers, tend to be more at risk of workplace violence or harassment, these new regulations will . . . [more]

Posted in: Practice of Law, Practice of Law: Practice Management, Substantive Law, Substantive Law: Legislation

Employer’s Unilateral Change of Bonus Provisions Unenforceable

The Ontario Superior Court recently awarded 30 months’ notice period and bonus payments in full during that notice period to a long-service employee. The Judge noted that termination without cause in this case resulted in forced resignation as comparable employment was not available for the 62-year-old employee who had devoted 37 years to the company, and was therefore entitled to 30 months’ notice period. Moreover, the altered conditions of employment whereby bonus payments would only be payable if employed on date of payout was struck down as it was not appropriately communicated to affected employees-as the Judge noted that posting . . . [more]

Posted in: Case Comment, Substantive Law, Substantive Law: Judicial Decisions, Substantive Law: Legislation

Status of Federal, Provincial and Territorial Cannabis Act

When legalization of cannabis comes into effect in Canada, which is scheduled for October 17, 2018, marijuana will no longer be listed as a controlled substance under the Controlled Drug and Substances Act and the consumption and incidental possession will no longer be a crime under Canada’s Criminal Code. . . . [more]

Posted in: Substantive Law, Substantive Law: Legislation

Packaging Prohibitions: A Closer Look at Some Interesting Quirks of the Packaging Regulations Under the Cannabis Act

Everyone knew that the marketing and promotion restrictions on packaging for licensed producers in the recreational market were going to be onerous.

The Cannabis Act (the “Act”) itself sets out a number of restrictions, including prohibitions on packaging that:

  • could be appealing to young persons;
  • sets out a testimonial or endorsement, however displayed or communicated;
  • depicts a person, character or animal, whether real or fictional;
  • associates the cannabis or one of its brand elements with a way of life; or
  • contains information that is false or misleading.

On top of what is set out in the Act itself, in March, . . . [more]

Posted in: Substantive Law: Legislation

Federal Accessibility Law Tabled in Parliament

On June 20, 2018, the federal government introduced Bill C-81, An Act to ensure a barrier-free Canada, the long-awaited national accessibility legislation which will enable the government of Canada to take a proactive approach to end systemic discrimination of people with disabilities.

The Bill also known as the Accessible Canada Act would establish a model to eliminate accessibility barriers and lead to more consistent accessibility in areas covered by federally regulated sectors such as banking, inter-provincial and international transportation, telecommunications and government-run services such as Canada Post and federally funded organizations. Moreover, the Bill aims to “identify, remove and . . . [more]

Posted in: Justice Issues, Miscellaneous, Practice of Law, Practice of Law: Practice Management, Substantive Law, Substantive Law: Legislation

Right to Terminate Group Benefits at 65 on the Road to a Successful Challenge

The number of workers over the age of 65 has risen significantly in recent years. The increasing number of older employees who choose to remain in the workplace, combined with the elimination of mandatory retirement across Canada, has put into question the issue of the termination of benefits after an employee reaches the age of 65.

While most employers routinely terminate benefits at age 65, the changing workforce demographic has created a demand for benefits coverage for older workers. However, providing benefits to employees past the age of 65 can be difficult because insurers either will not provide the coverage, . . . [more]

Posted in: Case Comment, Practice of Law, Practice of Law: Practice Management, Substantive Law, Substantive Law: Judicial Decisions, Substantive Law: Legislation