Opinion

Court of Appeal clarifies the law surrounding mass terminations

By Laura Williams . In a recent case , the Ontario Court of Appeal clarified an employer’s obligations under the Employment Standards Act, 2000 (the ESA) when engaging in mass terminations. In this case, the employer terminated over 50 employees at one of its facilities as a result of plans to relocate manufacturing operations elsewhere. The 74 employees who did not sign documents releasing the employer of any obligations related to their employment commenced a class action proceeding seeking additional pay in lieu of common law notice. Read more

Protection from phone scams

By Ryan Duquette . A recent report states that by next year almost half of the calls we receive on our mobile devices will be scam calls. Read more

What is a minute book?

By Anton Katz . If you have incorporated or are preparing to do so, you have probably heard that you will need to maintain and keep all your corporate documents, but what does that actually mean and why is it important? Read more

A hippie commune for seniors?

By Ian Hull . Is it possible for today’s seniors to return to their hippie past? For some, plans are in the works. Read more

Unpaid suspensions: clarification on the law

By Laura Williams . A recent decision from the Ontario Court of Appeal has refined the law on administrative suspensions and, particularly, when such a suspension constitutes a constructive dismissal. An administrative suspension can be an effective interim measure pending the results of an investigation into workplace misconduct, harassment or violence. However, employers do not have unfettered freedom to impose administrative suspensions and where suspensions are imposed unreasonably employers can be liable for constructive dismissal damages. Read more

If you’re happy and you know it, don’t clap your hands

By Marcel Strigberger . Here is the latest on what some of the scholars of higher learning on campus are up to. No this isn’t Berkley; it’s England. Read more

Canada Pension Plan vs. long-term disability benefits

By Nainesh Kotak . There are several types of financial aid that may be available to you if you become disabled due to illness or injury and are unable to work. The two most common types of disability benefits available to Canadians are the Canada Pension Plan (CPP) and long-term disability (LTD) coverage. Read more

Age discrimination: cutting off benefits at 65

By Bram Lecker and Kimberley Sebag. When the new millennium arrived, the Ontario government was put on notice, like many others across the western world. A massive demographic shift was about to affect workplaces. Baby Boomers were approaching retirement. At the time, the Ontario Human Rights Code (OHRC) prohibited workplace discrimination for workers aged 18 to 65. Our laws supported mandatory retirement at age 65 when many Boomers were simply not ready to kick off their boots. Subsequently, in December 2006, Ontario eliminated mandatory retirement by removing the upper age limit from the Human Rights Code. Today, businesses require a specific reason, other than age, to terminate older workers. Age discrimination entered our lexicon and the OHRC protects you from it. Read more

New snooping case for health privacy

By Kate Dewhirst . Decision 74 recently released by the Information and Privacy Commissioner is another snooping case. Read more

Providing eldercare? Have an estate discussion

By Suzana Popovic-Montag . We’ve seen it too many times in our estate litigation practice. An adult child moves in with an elderly parent and looks after them in the years leading up to the parent’s death. The parent wants to acknowledge the help the child has given and the sacrifice they’ve made so, before they die, they amend their will to include an additional gift or percentage share of their estate to the caregiver child. Read more

The cost of being your own lawyer

By Inga Andriessen . Some blog topics come up over and over again on our site. It’s not because we’ve run out of ideas – believe me we have ideas. It’s because the issue keeps coming up over and over again. Read more

The riveting conclusion to ‘should mediators work on contingency?’

By Mitchell Rose . Welcome to the riveting conclusion of last week’s post, entitled should mediators work on contingency? I appreciate the ‘negative’ response it generated (as in, “no, they should not work on contingency”). There should be no surprise then that, unlike the lawyer-side of my brain that often answers tough legal questions with “well, it depends,” the mediator-side is clear and unequivocal on the issue of whether mediators should charge contingency fees: “No, and it doesn’t depend (on anything, anyone, or any result)!” Read more

Self-employment income in the context of child support

By Lisa Gelman . In a recent decision , the Ontario Superior Court addressed whether a husband’s expenses from self-employment could be deducted from his gross income for the purposes of child support. Read more

Safer streets: where are we now?

By Patrick Brown and Nicole Fielding. As we enter the final quarter of 2018, it is a good time to reflect on all that has happened this year, and all that remains to be done, in the realm of safety and advocacy for Ontario’s more vulnerable road users. Read more

Beware the scope of the CFTA

By Michael Gleeson . If your organization is a broader public sector organization that is subject to the procurement requirements of the Broader Public Sector Procurement Directive (the Procurement Directive) and the (still relatively new) Canadian Free Trade Agreement (CFTA), then please take note that the CFTA applies to certain procurements that the Procurement Directive does not. Read more

How much is my Ontario long-term disability claim worth?

By Michael Lesage . The monetary value of a long-term disability claim depends upon a number of factors. The initial factor of course is whether you can prove you are entitled to long-term disability benefits (which comes down to whether you can show you meet the policy definition of disability), and if so, your age and likely prognosis (i.e. if you are expected to recover within six months, your claim will have nominal value, whereas if your injury is expected to persist for the duration of the policy, its value will be higher). Read more

The disclosure obligations of third parties

By Andrew Feldstein . In this case, the wife brought a motion for financial disclosure of a company owned by her husband’s parents and an order that the husband’s father attend a questioning. Much of the litigation between the parties focused on the husband’s income and support obligations. The father strenuously opposed being subjected to a third-party disclosure order or an order for questioning. He felt it would reveal private, confidential, proprietary information, which his son has no interest in beyond being an employee. Read More at Feldstein Family Law Group Blog Read more

So you’ve decided to separate from your spouse

By Steven Benmor . In the process of divorce, there are things you just cannot do that your family lawyer can. The first and the most important duty of a family lawyer is to plan the fastest, smoothest and least costly divorce process and then follow the steps needed to get to its conclusion. Divorce is personal, stressful and aggravating. Your family lawyer is your trusted advisor, your planner, your facilitator and your gateway to the next chapter of your life. Read more

Key points for employers about condonation

By Arthur Zeilikman . Employers do not have to provide notice of termination or pay in lieu thereof if there was “just cause” to terminate the employee. Just cause exists if the employee has committed a serious act of misconduct such as an act of insubordination or incompetence. Read more

Employment law update: mid-year report

By Doug MacLeod . In this blog, as we enter the dog days of summer, I will review five current trends and developments in Ontario’s employment laws. Read more