News & Events

Andrew J. Hatnay, head of the Pensions and Benefits group at Koskie Minsky has been quoted in various articles regarding the Sears Canada CCAA proceeding. To review the articles, please click on the following links: The Wall Street Journal: Sears Canada Pensioners Want Plan Wound Up  The Globe and Mail: Amid outcry, Sears Canada sets

Mark Zigler and Murray Gold will be speaking at the 50th Annual Canadian Employee Benefits Conference in Montreal, Quebec. Click here to view Mark’s paper on Legislative Developments and the Top 20 Cases of 2016-2017, co-authored with James Harnum.

In Facchini v. Rosen, Justice Sproat exercised his jurisdiction to make the just order restoring this 2010 action to the trial list. By way of background, shortly before the claim was instituted on April 19, 2010, the Plaintiff entered into a share purchase transaction to sell his shares in a landscaping business to the Defendant,

When an employee is wrongfully dismissed from her employment, she is required to seek alternative employment to mitigate, or reduce, the damages she incurs. The income earned from alternative employment is normally deducted from the damages the former employer owes to the employee. In a recent decision, Brake v. PJ-M2R Restaurant Inc., the Ontario Court

Calling someone an independent contractor does not necessarily make them one, especially where a worker’s role has shifted over time. An employer learned this lesson the hard way when the British Columbia Supreme Court ordered it to pay the plaintiff, who the Court classified as a dependant contractor, damages in the amount of 12 months’

  UPDATE: United Nations Recognizes 160 Girls Project On June 9, 2017, in Geneva, Switzerland, 160 Girls was recognized in The United Nations’ inaugural best practices report for the elimination of discrimination against women, intended to provide a roadmap for future change initiatives. This is a terrific endorsement of the value the law can have

Overview The Parliament of Canada recently passed Bill C-4, which contains two important changes of which trade unions should take note. The legislation received Royal Assent on June 19, 2017, meaning it is now law. The first change concerns certification rules for unions seeking to represent employees under federal jurisdiction, where card-based certification is restored

On June 22, 2017, Sears Canada Inc. and several related parties were granted protection from their creditors under the Companies’ Creditors Arrangement Act (“CCAA”), pursuant to an Order of the Honourable Justice Hainey of the Ontario Superior Court of Justice. Koskie Minsky LLP has been appointed as Representative Counsel to represent the retirees of Sears

In the recent decision of Presidential MSH Corporation v Marr Foster & Co LLP, 2017 ONCA 325, the Ontario Court of Appeal further clarified the discoverability principle pursuant to section 5 of the Limitations Act, 2002 with respect to the “appropriate means” element. Specifically, a proceeding may not be “legally appropriate” as required under section

  Summary The government of Ontario has tabled legislation to make major changes to labour and employment law in the province. The proposed changes include: Raising the general minimum wage to $15 an hour by January 1, 2019. Changing various features of union certification and first contract dispute resolution procedures, including: extending card-based certification to