Looking Forward: What’s on the horizon?
It’s not always enough to understand and apply the law as it stands today. Employers also need to look to the future in order to make good decisions in the present. This is because today’s decision may be scrutinized by a court or tribunal at some point in the future and any transitions in …
View the post titled Looking Forward: What’s on the horizon?The Wit (not just wisdom) of the Bench
Most people (even lawyers!) usually think that reading case law is dry and humourless. But it depends on the judge! There have been several decisions over the last few years that have shown that judges have a sharp wit and a flair for writing! Take a moment to enjoy these. One example is R. …
View the post titled The Wit (not just wisdom) of the BenchCourt Of Appeal Finds That Disrespectful, Insubordinate Communication Is Irreconcilable With Continuing Employment
Employers often tell me they feel like employees have ALL the rights in the employment relationship. While that isn’t entirely true, I certainly understand why it can seem that way. But here’s some good news – the British Columbia Court of Appeal recently came down solidly on the side of th…
View the post titled Court Of Appeal Finds That Disrespectful, Insubordinate Communication Is Irreconcilable With Continuing EmploymentDoes your home renovation make you a “constructor”? Believe me, you need to know!
How often have you undertaken a home renovation project yourself? You might have hired out the more skilled aspects – maybe an electrician, a plumber, or a drywall taper (we all know “a guy”, don’t we?). You’re perfectly capable of overseeing the project generally; there’s no need to hire a …
View the post titled Does your home renovation make you a “constructor”? Believe me, you need to know!Performance management is not “harassment”!
Words are important. Words like “bullying” and “harassment” are especially important because they refer to improper conduct which can result in negative legal consequences. But too often, employees don’t understand the legal definition of these words. Today, I’m particularly annoyed by em…
View the post titled Performance management is not “harassment”!Ontario’s Court of Appeal Certifies Class Actions Questioning Overtime Policies
It turns out CIBC and Scotiabank will be required to defend their overtime policies against class actions by employees, according to the Court of Appeal. The banks had successfully defended certification motions in the lower courts on the grounds that the issues were not “common” enough amon…
View the post titled Ontario’s Court of Appeal Certifies Class Actions Questioning Overtime PoliciesMinimizing Liability Now That The 24-Month Cap on Reasonable Notice Is In Question
Although we often tell clients that determining the reasonable notice period in any given situation is more art than science, one thing we’ve felt confident about is the 24-month cap – unless there are exceptional circumstances, no matter how much seniority an employee has and no matter what…
View the post titled Minimizing Liability Now That The 24-Month Cap on Reasonable Notice Is In QuestionWSIB benefits for traumatic mental stress: There’s good news and …
You may think that the WSIB pays benefits to a worker for traumatic mental stress only in situations where the worker was involved in a situation perceived as or actually life-threatening. And you would have been right until recently, when the Workplace Safety and Insurance Board Appeals Tri…
View the post titled WSIB benefits for traumatic mental stress: There’s good news and …Important New Privacy Ruling: What on earth is “intrusion upon seclusion”?
I’ve often said that my job is mostly about people behaving badly at work, so the fact situations underlying the cases I read are often all too human in nature. Consider the case of Winnie, who was fighting with her common-law husband about money. She wasn’t convinced he was actually paying…
View the post titled Important New Privacy Ruling: What on earth is “intrusion upon seclusion”?More Expensive is Not Always Better.
More expensive is not always better, according to this article questioning the real value of the premium legal fees charged by Bay Street law firms. The quality of advice and level of expertise may be equally good in firms outside Toronto, according to in-house counsel. http://clblistserv.c…
View the post titled More Expensive is Not Always Better.Receive Blog Posts
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