|
DAMAGES
MEMORANDUM - ACCIDENTS ON OR AFTER NOVEMBER 1, 2003
In a negligence claim (sometimes referred
to as a tort claim) you are entitled to various types of damages
against the party who is
responsible for your injuries. (Download PDF)
THE
REMEDY GIVEN BY THE CONSTRUCTION LIEN ACT
As has been pointed out by the Courts on many occasions, the remedy
given to the lien claimant is entirely a creature of statute. Accordingly,
in order for the lien claimant to avail himself of the remedy given
by this Act, he must bring himself within the strict wording of
the Statute. If he is unable to do so, he will be unable to prosecute
a claim for lien. (Download PDF)
THE
BREACH OF TRUST CLAIM
Most jurisdictions in Canada contain a provision in their Lien Acts
that payments under a construction contract are to be held in a
trust fund for the benefit of those who supplied services or materials
to the project and are entitled to payment. The officers, directors
or guiding minds of the payee who breach the trust can be held personally
liable under such legislation. (Download PDF)
SEXUAL
HARRASSMENT & PROCEDURES INVOLVED IN MAKING A COMPLAINT
First contact the Human Rights Commission – Complaint must
be filed within six months of the last incident of discrimination.
(Download PDF)
JURISDICTION
OVER HUMAN RIGHTS ISSUES
The Court of Appeal’s decision in Ontario Human Rights Commission
v. Naraine, answers this question in the negative. Ontario Human
Rights Commission v. Naraine was an appeal from a decision of the
Divisional Court dismissing an appeal from a Board of Inquiry of
the Ontario Human Rights Commission. (Download PDF)
DISHONESTY
NOT ALWAYS GROUNDS FOR DISMISSAL
The Supreme Court of Canada in the case of McKinley v. BC Tel determined
that a single act of dishonesty by an employee may not necessarily
constitute cause for dismissal. (Download PDF)
CRIMINAL
CONVICTIONS AT ARBITRATION
The Supreme Court of Canada has granted leave to appeal from the
Ontario Court of Appeal’s decisions in CUPE v. The City of
Toronto and Douglas Stanley and in OPSEU v. The Ministry of Community
and Social Services & The Ministry of Corrections and the Grievance
Settlement Board. (Download PDF)
CONSTRUCTION
CASES EVERY CONTRACTOR SHOULD BE AWARE OF
Recently, the Supreme Court of Canada had an opportunity to consider
and apply the tendering principles established in Ron Engineering
to a case involving a subcontract tender. (Download PDF)
A
REQUEST FOR PROPOSAL VERSUS A TENDER
A recent Court decision demonstrates that the line between a tender
process and a request for proposal can be a very fine one. The legal
consequences of holding a process to be one or the other can have
dire consequences for an owner or a contractor. (Download PDF)
A
CONTRACTORS WORST NIGHTMARE
Sections 7, 8 and 13 of the Construction Lien Act impose significant
obligations on owners, contractors, sub-contractors and officers
and directors of the above. Some recent caselaw sheds some light
into how Courts in Ontario are interpreting the trust provisions
of the Act. (Download PDF)
CRIMINAL
LIABILITY OF ORGANIZATIONS
Bill C-45 is the Government’s effort to set out
rules for determining when a corporation or organization
has committed a criminal offence. The legislation
arose of the Westray Mine disaster where 26 men lost their
lives due to the gross neglect of their superiors... BILL
C-45 - (Download PDF)
CRIMINAL
LIABILITY OF ORGANIZATIONS
Bill C-45_3 is the Government’s effort to set out
rules for determining when a corporation or organization
has committed a criminal offence. The legislation arose
of the Westray Mine disaster where 26 men lost their
lives due to the gross neglect of their superiors... BILL
C-45-3 - (Download PDF)
CRIMINAL
LIABILITY FOR UNSAFE WORKING CONDITIONS
Bill C-45
is the Government’s
effort to set out rules for determining when a corporation,
organization or person has committed a criminal offence
as a result of being responsible for allowing or creating
unsafe working conditions. The legislation arose of
the Westray Mine disaster where 26 men lost their lives
due to the gross neglect of their superiors...CNWBILL
C-45-3 - (Download PDF)
INCOME
REPLACEMENT AND REHABILITAION BENEFIT MEMORANDUM
People injured in motor vehicle accidents are entitled
to various statutory benefits under the Insurance Act... (Download
PDF)
CLIENT
MEMORANDUM - LITIGATION: THE PRACTICAL CONSIDERATIONS
Litigation involves more than just the law. There are
a number of down-to-earth problems that must be addressed.
This memorandum has been prepared for our clients to
draw attention to some of these issues...
(Download
PDF)
*Disclaimer
All
information and articles on this website are provided
to you subject
to the following disclaimer and conditions of use.
We
have included Articles on our web site as part of our
contribution to
making legal information more readily accessible to
the general public.
We hope that the information provided will be helpful
to you in
familiarizing yourself with legal issues that may affect
you.
Our
Articles are provided as general background information
only. They
are not intended to be used as a basis for any particular
course of
action or as a substitute for legal advice.
This
site is updated from time to time. At any point in
time the content
of one of more pages may be outdated.
If
you require legal assistance always contact a lawyer
for advice on
your particular circumstances before taking any action.
In no
circumstances shall the provision of any of information
on this site be
construed as the provision of advice within a solicitor
and client
relationship nor shall Erickson & Partners have
any responsibility for
any action that may be taken in reliance on information
on this website
in disregard of the foregoing or otherwise. |
