On June 17, 2020, the Court of Appeal for Ontario released its decision in Waksdale v. Swegon North America Inc., (“Waksdale”) 2020 ONCA 391, delivering a seismic victory for employees, upending decades of practice in drafting employment agreements, and sending companies scrambling to bring their agreements into compliance with the new reality. Drafting Employment Contracts before Waksdale …
2020 HR CHECK LIST FOR ONTARIO EMPLOYERS
Now that January is over and with it many of your New Year’s Resolutions, here is an HR Check List that employers should resolve to consider: Ontario employers are required by law to have the following workplace policies: an Accessibility Policy; a Pay Equity Plan (employers with 10 or more employees); a Workplace Health and …
A Look at New and Recent Fiduciary, Diversity and Corporate Filing Rules for Federal Corporations
Companies governed by the Canada Business Corporations Act (the “CBCA”) should be aware and mindful of recent amendments to the CBCA related to directors’ and officers’ fiduciary duties and diversity disclosure requirements with consequential filing obligations. Some of the amendments are already in place, others will come into force in January 2020 and the balance …
Recruiting and Employing Your Workforce in Ontario Part Two: Hiring Your Employees
Setting up a new business in Ontario can raise legal questions and concerns about recruiting and hiring your workforce. Recruiting the right candidate for employment is just the first step of entering into an employment relationship. See our first post on the requirements for recruiting (https://www.canada-usbizlawblog.com/2019/12/10/recruiting-and-employing-your-workforce-in-ontario-part-one-recruiting-your-workers/). The second step is to understand the differences between …
The “Newest” “New NAFTA”: Initial Considerations as the USMCA Comes Into Force
The United States, Canada and Mexico signed a “Protocol of Amendments” to the United States-Mexico-Canada Agreement (“USMCA” or “new NAFTA”) on December 10, 2019 that clears the way for passage in the Democrat-led U.S. House of Representatives by the end of the 2019 legislative year, and the U.S. Senate and Parliament of Canada by mid-January/early-February …
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Recruiting and Employing Your Workforce in Ontario Part One: Recruiting Your Workers
Entering into any new market for business can raise questions about the legal issues and requirements of recruiting and employing your workforce. American employers may be nervous about operating without “at-will” employment of their workforce. Some employers may be tempted to use an “easy strategy” of independent contractor arrangements in place of employment relationships. This …
Franchising in Canada: 2020 and Beyond
As the 2020 New Year starts to take shape and we begin a new decade, it is natural to wonder about how things will change and what will remain the same. Franchising, as a business growth model, will continue to be looked upon as a viable option and not just a novel approach for the …
You’re Not Ganja Believe This, Health Canada, but the Edible Cannabis Regulations Are a Buzz Kill
Protecting the health and safety of Canadians is a top priority for the Government of Canada. This overarching objective has, of course, made its way into laws restricting the marketing, product development, and ingredients of edible cannabis products, which will soon be marketed and sold to Canadians. The new regulations (the “Regulations”) to the Cannabis …
Afta’ NAFTA isn’t in D.C. and Ottawa
As Canada and the United States wrap up more than two years of work on the Canada-United States-Mexico Agreement (CUSMA), one pressing question remains for the cross-border business community—what can we expect after NAFTA? The answer rests not in Washington, D.C. nor Ottawa, but in state and provincial capitals throughout North America. Before turning to …
The Limits to Class Action Privacy Claims in Ontario
Since the Ontario Court of Appeal’s decision in Jones v Tsige,[1] creating an Ontario version of the tort of invasion of privacy called “intrusion upon seclusion”, privacy-related class actions have emerged as a growth area. Many of these have focused on the institutional release of personal information and some have been successfully certified.[2] However, a …
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