Opinion

Pay Transparency Act delayed indefinitely

By Laura Williams . On the heels of the major set of employment law changes introduced by Bill 47 , the Ontario government recently passed Bill 57, the Restoring Trust, Transparency and Accountability Act, 2018 , which stalls implementation of the Pay Transparency Act (the PTA) on an indefinite basis, among various other legislative changes. Read more

Using digital forensics when onboarding new employees

By Tyler Hatch . So you’re ready to make an offer of employment to your company’s next great employee or executive. The candidate looks amazing on paper and shined bright during interviews. Read more

A non-Christmas story: Strigberger

By Marcel Strigberger . An elementary school principal in Omaha, Nebraska was put on administrative leave for banning candy canes in her school. This, of course, she did in the name of inclusion, as to her Xmas celebrations might be offensive to some students. As the Mad Hatter in Alice in Wonderland might say, Merry un-Christmas. Read more

How important are the deadlines in your severance package?

By Doug MacLeod . You are terminated from your job and your employer offers you a severance package. They give you one week to sign the offer and ask that you sign a full and final release confirming that there will be no further payments. Are you obligated to sign and return the offer within a week? Read more

Democratizing health information

By Kate Dewhirst . That sounds lofty, doesn’t it? Read more

If it looks like a franchise, it’s a franchise

By Peter Dillon for AdvocateDaily.com . In another decision in the line of “accidental franchisor” cases, Justice Mary E. Vallee, of the Ontario Superior Court of Justice, granted summary judgment on the basis of non-disclosure to plaintiffs who purchased the rights to operate an alcohol delivery service under an established trademark . Read more

Does Christmas cause divorce?

By Steven Benmor . Statistics on divorce regularly reveal a spike in the number of people separating in the month of January, right after the Christmas break. Read more

When your ex schedules the kids’ activities on your parenting time

By Steven Benmor . During marriage, there is no divided parenting time. The children’s lives are a subset of the family life. Meal times, school, weekends and holidays are all part and parcel of the family’s life together. This fundamentally changes when there is a divorce. Read more

Medical marijuana and workplace intoxication

By Bram Lecker and Jordan Reiner . Marijuana is now legal in Canada. As planned, Bill C-45 (The Cannabis Act ) became law on October 17, 2018. And with it, Canadian employers must adapt to the reality of cannabis use by their employees, both recreationally and medically. Read more

Testing the waters of s. 72(1)(d) of the Succession Law Reform Act

By David M. Smith and Nick Esterbauer . Many of our readers will be aware that on an application for dependant’s support under Part V of Ontario’s Succession Law Reform Act , certain property that may not be considered an asset of the deceased’s estate can be “clawed back” into the estate for the purposes of considering and funding an award of dependant’s support. Subsection 72(1)(d) provides that “a disposition of property made by a deceased whereby property is held at the date of his or her death by the deceased and another as joint tenants” shall be deemed to be part of the estate. Read more

Warning signs – will your family fight over your estate?

By Suzana Popovic-Montag . No one can predict the future with 100 per cent certainty – but we all have the ability to “read some signs” to make educated guesses about what’s likely to happen. Read more

What are valid grounds for annulment?

By Andrew Feldstein . In this case , the parties married on Aug. 16, 2016, but never lived together. The applicant brought an application for annulment on April 26, 2018, saying that there was no relationship and she was used by the respondent for immigration purposes. Read more

Theft of intellectual property in the workplace

By Tyler Hatch . Recent surveys suggest that half of employees admit to stealing intellectual property (IP) from their company when they are fired. Their reasons appeared to range anywhere from wanting to make their former employer look bad out of vengeance to wanting to branch out on their own and start a competing business. Read more

Choose the right executor for your estate

By Lisa Laredo . One of the many important decisions you need to make when making a will is choosing an executor for your estate. This is the person who will wind up your affairs. Choosing poorly may not only affect the distribution of your life savings but may also affect your family’s well-being after you are gone. Read more

Backing out of an Ontario Agreement of Purchase and Sale

By Michael Lesage . Two recent Superior Court decisions should serve as a reminder that backing out of a signed (and enforceable, which is not always the case) Agreement of Purchase and Sale (APS) for a property can prove costly. Read more

Once resignation accepted by employer, employee cannot resile

By Barry B. Fisher . In this case , the judge had a situation where an employee gave her employer four months’ notice of her resignation because she did not want to be involved in an upcoming computer conversion that was planned. The employer accepted her resignation and started to make plans to redistribute her work. Read more

Unfounded allegations against dismissed employees can be costly

By Laura Williams . Dismissing an employee from their position can be one of the most challenging aspects of workplace management faced by employers. When an employer decides to dismiss an employee several organizational and legal risks can arise. Accordingly, it is important that terminations are conducted properly and in good faith to ease the transition for the employee and mitigate any risks to the employer. Read more

Brain injury among the most catastrophic car accident injuries

By Nainesh Kotak . Acquired brain injury refers to a brain injury sustained after birth. More than 1.5 million Canadians currently live with acquired brain injury. Read more

Does your elderly parent need help?

By Ian Hull . It’s a situation shared by many – you have a single elderly parent living alone. They’ve always been able to handle their day-to-day needs, with the occasional helping hand from family members. But something doesn’t seem right. Read more

Send in the Martians: Strigberger

By Marcel Strigberger . So the Insight spacecraft has landed on Mars. Is this huge? I’m not sure. This is the eighth spacecraft to land on the red planet but I am actually totally disappointed as there is something drastically still missing. I ask, where are the Martians? Read more