Ottawa’s New Binding Judicial Dispute Resolution in Family Law
November 1, 2021 marks the start of a new pilot project at the Ottawa Superior Court of Justice, Family Court Branch, called Binding Judicial Dispute Resolution (“JDR”). This pilot is meant to streamline the litigation system for families. It will allow litigating parties to opt into this process, providing a quicker, more cost-efficient way to […]
What Happens in Ontario May Stay in Ontario: Previous Regulatory Convictions May be Weighed During Sentencing for Subsequent OHSA Convictions
Convictions for breaches of the Occupational Health and Safety Act (OHSA) often lead to large fines for both corporate and individual defendants. Additionally, for individual defendants, OHSA convictions may lead to time in jail time if the statutory breaches at issue include substantial aggravating factors. How do courts decide when a certain fine is just […]
Covid-19 Confusion Continues: Recent Superior Court Decision Discusses Lay-Offs Longer than 35 Weeks
Generally, the Employment Standards Act, 2000 (“ESA”) has been interpreted to protect non-unionized employees from “temporary” lay offs unless their employment contract permits such a lay-off. Fundamentally, temporary means less than 13 weeks (within a 20-week period) without pay or 13-35 weeks (within a 52-week period) with pay. If a contract of employment does not […]
Launch of the New Ontario Business Registry
On October 19, 2021, the new Ontario Business Registry System launched. This new online registry now enables businesses and not-for-profit corporations to directly access services of the Ontario government 24 hours a day and 365 days a year, and complete approximately 90 transactions, such as registering a new business, dissolving an existing business, incorporating a […]
Divisional Court Finds Government Acted Unlawfully in Failing to Give Notice of Proposed Amendments
In the decision of Greenpeace Canada (2471256 Canada Inc. v. Ontario (Minister of the Environment, Conservation and Parks), 2021 ONSC 4521, released September 3, 2021, the Ontario Divisional Court found that the failure of the Minister of Municipal Affairs to post proposed amendments to s. 47 of the Planning Act to the Environmental Registry of […]
History of Mann Lawyers
To Control or Not Control, Part #2: Recent Developments in “Owner” Liability Under the OHSA
NOVEMBER 10, 2023 UPDATE: Supreme Court of Canada upholds Ontario Court of Appeal’s decision and remits matter back to Provincial Offences Court for a determination of whether the City of Sudbury still has a valid due diligence defence. As part of the due diligence defence, the court will be permitted to assess if the lack […]
Ontario Court of Appeal Gives Drunk Drivers a “Get Out of Jail Free” Card
Personal Injury lawyers and their clients are all too familiar with the carnage and suffering caused by impaired drivers. Â Canada has the worst rate of drunk-driving deaths in the developed world. Transport Canada estimates over 1,000 fatalities, and more than 60,000 injuries, every year from collisions involving drunk drivers. Unfortunately, a recent decision by the […]
In-Trust For Accounts: No Good Deed Goes Unpunished
In-Trust For Accounts have become a common way for parents and grandparents to set aside money to finance their children or grandchildren’s post-secondary education. A parent or grandparent simply opens up an account at a financial institution for the benefit of their child or grandchild for educational expenses, with no formal written trust deed in […]