In general in Canada, restaurant and bar patrons are expected to leave a tip amounting to approximately 15 percent of their total bill when dining out or drinking. However, we usually do so without asking ourselves how the money will be divided among staff members. Well, it seems in Ontario, it is a common practice for restaurants to require servers to share their tips and gratuities with their managers and the owners.
Archive for ‘Miscellaneous’
Written for First Reference by Christina Catenacci, BA, LLB, LLM, and PHD student at the University of Western Ontario
Can you think of a store, restaurant, or bar that appears to require women to wear low-cut tops, short skirts, tight dresses, or high heels when they go to work? Well, it might be wise for those employers to take another look at their dress code policy in light of the Ontario Human Rights Commission position on gender-specific dress code announced on International Women’s Day 2016 and the passing into law of occupational health and safety provisions protecting against workplace sexual . . . [more]
The CSA Group (formerly the Canadian Standards Association) with the assistance of the nationally based law firm Grant Thornton LLP has developed a free guide to help organizations develop and maintain a whistleblowing system with the goal to encourage workers to report ethical and safety issues within an established mechanism. Reported issues include suspected tax fraud, accounting fraud, corporate fraud, insider trading, health and safety issues and other serious offenses. . . . [more]
Businesses and organizations rely on internal and external policies and procedures to document the way they do certain things. But if not written carefully, they can actually add risk.
Many of these are compliance based. In other words, they set out how in practice the business will deal with various legal obligations. Depending on the nature and size of the business, they could deal with things like privacy, anti-spam, workplace safety, money laundering, and the list goes on.
Having these policies can help reduce legal risk, and help ensure that employees do the right thing.
Sometimes businesses create policies and . . . [more]
The leap year, where the shortest month of February gains an additional day, is one of the peculiarities of the Gregorian calendar. This additional day, February 29, also has some legal lore surrounding it in the Scottish law tradition.
On February 29, 1288, the unmarried Queen Margaret of Scotland is said to have codified the declaration of St. Patrick. In addition to fixing the calendar, the day could be used to “fix” other social norms as well.
The History Channel states,
. . . [more]
According to legend, in 5th century Ireland, St. Bridget complained to St. Patrick about women having to wait
One of my 2016 New Year’s resolutions was to start with “Yes.” Happily, every so often an opportunity comes around that makes saying “Yes!” the only logical response.
The Law Society of Manitoba’s annual Lawyers for Literacy event is just such an opportunity. Each year for the past 5 years, lawyers and Law Society staff have signed on to spend the better part of a Saturday reading to children at West Broadway Youth Outreach (“WBYO”). As well as reading to kids, participating lawyers raise pledges to support the work of WBYO and donate books and toys for use in the . . . [more]
Large and small organizations in the private and non-profit sectors have a new Accessibility for Ontarians with Disabilities Act (AODA) compliance deadline coming up on January 1, 2017.
1) Large organizations (50+ employees)
Starting January 1, 2016, provincially regulated organizations with 50 or more employees in Ontario must work to comply with the design for public spaces standards under the built-environment to address barriers impeding access to outdoor public spaces by persons with disabilities, but not those barriers inside buildings. This task must be completed by January 1, 2017.
This standard covers a variety of public spaces such as exterior . . . [more]
Interactive Model Code of Professional Conduct – a New Resource for Mobile Lawyers, Academic Researchers and Others
I am very pleased to let you know that the Federation of Law Societies of Canada has launched the Interactive Model Code of Professional Conduct, a new free online tool that links the provisions in the Federation’s Model Code to the matching or related rules of professional conduct in every law society in Canada.
This interactive tool will allow mobile lawyers, law society staff and leaders, academic researchers and others to quickly and easily find the enforceable rules in every Canadian jurisdiction using the national Model Code as the central reference point. Users will be able to isolate specific . . . [more]
“Not only are the professions themselves a human construct, therefore, but so too is the organization of the knowledge that they dispense.” Richard Susskind and Daniel Susskind – The Future of The Professions
The knowledge that the legal profession dispenses comes mostly from case law. Case law springs from precedent, creating a body of writing obsessed with the past. This obsession with the past obscures the human author and makes the law appear pre-ordained and sacrosanct rather than a human construct.
Professor Elizabeth Judge explains in “Precedent and the Individual Opinion: Judges Judging Judgments and the Creation of the Law . . . [more]
The Charbonneau Commission mandated to look into corruption and fraud among the construction industry, unions and government, tabled its final report on November 24, 2015. The report proposes 60 recommendations that lead commissioner of the inquiry, France Charbonneau, called “concrete solutions” to ensure government contracts are fairly managed. . . . [more]
OK, Canada may be somewhat behind our neighbours when it comes to adopting rules around technological competence for lawyers, but at least “Digital Citizenship” is getting some traction—or at least with respect to standards for children and parents.
On Friday November 13, 2015, while two more states adopted a duty of technology competence into their codes—and while Canadian law societies maintained unanimous silence on such requirements for lawyers—British Columbia’s Office of the Information & Privacy Commissioner and Representative for Children and Youth, released Cyberbullying: Empowering Children and Youth To Be Safe Online and Responsible Digital Citizens. The Privacy . . . [more]
The Manitoba Customer Service Accessibility Standard (CSAS) under the Accessibility for Manitobans Act (AMA) came into effect November 1, 2015. The CSAS requires all of Manitoba’s public, private and non-profit organizations with one or more employees that provide goods or services directly to the public or to another organization in Manitoba, to establish and implement measures, policies and practices to remove barriers for access to the goods or services it provides. . . . [more]