Gowlings' Legal Tips for Manufacturers

Good Faith and Letters of Credit

Tue, 23 Mar 2010 16:08:56 +0000

Letters of Credit play an important role in enabling the completion of commercial transaction, particularly those involving the transportation of goods to or from other countries. It is important to keep in mind when dealing with a Letter of Credit that there may be obligations placed on the parties beyond simply following its strict terms.

How…

- Author: Sean Morrison

New Workplace Violence and Harassment Legislation for Ontario

Mon, 01 Feb 2010 19:07:56 +0000

All Ontario Employers need to take stock of important new changes to the regulation of violence and harassment in the workplace.

On December 9, 2009 Bill 168, "An Act to amend the Occupational Health and Safety Act with respect to violence and harassment in the workplace and other matters," passed third and final reading in the Ontario Legislature.…

- Author: Sean Morrison

Provincial labour law or Federal labour law - The Supreme Court weighs in

Thu, 03 Dec 2009 19:48:06 +0000

With the Supreme Court's decision last week in Consolidated Fastfrate Inc. v. Western Canada Council of Teamsters, national and international freight forwarders operating in Canada, formerly regarded as subject to federal labour and employment law, may now fall under the jurisdiction of provincial law. The Court reversed the decision of the…

- Author: Sean Morrison

Could Workforce Cost-Cutting Methods Cost More Than They Save?

Fri, 06 Nov 2009 18:55:04 +0000

Recent economic conditions have driven many companies to find creative ways to reduce their labour costs without resorting to layoffs. Examples of such cost-saving measures include reductions in benefits, wage and salary cuts, as well as more innovative means such as forced vacation days and work-sharing arrangements accompanied by proportionate…

- Author: Sean Morrison

Toxic Substances: the Changing Law in Ontario

Fri, 16 Oct 2009 16:05:25 +0000

Manufacturer's should be aware of impending changes to the regulation of toxic substances in Ontario. In June of 2009, the Ontario government passed Bill 167, the Toxics Reduction Act, 2009. Through enhanced public disclosure requirements, the Act aims to reduce the amount of toxic substances used in manufacturing processes in Ontario.

While the…

- Author: Gary Graham

Dangerous Goods: Reason to Be Even More Cautious

Mon, 28 Sep 2009 21:45:41 +0000

Companies who import, handle, offer for transport, or transport dangerous goods would be well-advised to make themselves aware of recent changes to the Transportation of Dangerous Goods Act, 1992. While these changes are intended to enhance public safety and security during the transport of dangerous goods, they make compliance more onerous for…

- Author: Sean Morrison

PRODUCT LIABILITY: BE LITIGATION READY

Thu, 17 Sep 2009 19:29:06 +0000

Product liability leading to personal injury or property loss can greatly impact importers, vendors, manufacturers, distributors, and retail sellers in any industry. It can also lead to complex litigation which can be costly, protracted and disruptive. Product liability claims alleging manufacturing defects, design defects, or the failure to warn…

- Author: Sean Morrison

Recent Decisions Highlight Importance of Confidentiality Agreements

Wed, 02 Sep 2009 15:15:15 +0000

Two recent Ontario court rulings mean that lawyers and their clients will likely be paying much closer attention to the wording and implications of confidentiality agreements, particularly in the context of hostile takeover bids.

In Gold Reserve Inc. v. Rusoro Mining Ltd., the Ontario Superior Court of Justice granted a temporary injunction…

- Author: Pam Vermeersch

Speed Limiters in Ontario

Wed, 26 Aug 2009 20:32:27 +0000

Large commercial vehicle operators should take note of new changes to Ontario's Highway Traffic Act. Under section 68.1 of the Act, speed limiters are now mandatory for all commercial vehicles manufactured after January 1, 1995 with a manufacturer's gross vehicle weight rating over 11,794 kg. This new law applies to all such vehicles, regardless…

- Author: Sean Morrison

Termination Letters: A Cautionary Case

Thu, 06 Aug 2009 13:40:22 +0000

A recent decision of an Ontario court should serve as a warning to all employers regarding the care that needs to be taken when drafting termination letters.

In Stowar v. Telehop Communications Inc., the court dealt with a situation where a termination letter drafted by an employer overstated the employer's obligations under the Employment…

- Author: Sean Morrison