Canada’s online legal magazine.

Archive for ‘Practice of Law’

AODA: Improving Accessibility Standards for Employment

The Ontario government is updating the accessible employment standards to make employment more accessible to people with disabilities. Consequently, the Employment Standards Development Committee would like to get interested stakeholders and the public’s feedback on the initial recommendations to the 2018 Review of the Employment Standards under the Accessibility for Ontarians with Disabilities Act (AODA).

The following is the Employment Standards Development Committee’s initial advice and recommendations on the initial proposed Employment Standards, itemized and organized by focus area, and some thoughts. . . . [more]

Posted in: Legal Information, Practice of Law, Practice of Law: Practice Management, Substantive Law, Substantive Law: Legislation

Parental Insurance Plan and Additional Employment Standards Changes Coming

On March 22, 2018, the Quebec government introduced Bill 174: An Act mainly to relax the parental insurance plan to promote better family-work balance. If enacted, this Act comes into force on the date of assent, except section 12, which comes into force on the date to be set by the Government.

The main changes in the Bill include:

1. Maternity benefits

  • Increase the period, currently 18 weeks, to 25 weeks, within which maternity benefits can be provided following the birth of a child.
  • Increase the number of weeks of maternity benefits for a multiple pregnancy. In the event of
. . . [more]
Posted in: Practice of Law, Practice of Law: Practice Management, Substantive Law, Substantive Law: Legislation

Significant Employment Law Changes Coming in Quebec

On March 20, 2018, the Quebec government tabled Bill 176, An Act to amend the Act respecting labour standards and other legislative provisions mainly to facilitate family-work balance to facilitate work-family balance and to modernize and reform Quebec labour standards. Labour Minister Dominique Vien said, "The many proposed changes take into account the new realities of workplaces, such as the changing family patterns, the aging population and ensuing retirements, and would encourage the retention of staff in a context of scarcity of labour." Measures in the Bill include: . . . [more]

Posted in: Practice of Law, Practice of Law: Practice Management, Substantive Law, Substantive Law: Legislation

Reappraising the Use of Arbitration in Family Law Disputes

Recent research comparing family law dispute resolution processes from the Canadian Research Institute for Law and the Family and the Canadian Forum on Civil Justice provides fascinating insights on the views and attitudes of lawyers in Nova Scotia, Ontario, Alberta and British Columbia. The report, described in an earlier article by Jean-Paul Bevilacqua, concludes that while family law lawyers view litigation as useful for high-conflict disputes and cases involving risks to persons and property, litigation is not their preferred resolution process. The lawyers surveyed said that mediation, collaborative negotiation and arbitration are more likely to produce results that are in . . . [more]

Posted in: Justice Issues, Practice of Law: Practice Management

Manitoba Extending Parental Leave and Introducing Critical Illness Leave

On March 20, 2018, the Manitoba government introduced legislation that would amend the Employment Standards Code to, among other things, extend provisions for parental leave and leave for individuals to care for a critically ill adult family member.

The changes to the Employment Standards Code include: . . . [more]

Posted in: Practice of Law, Practice of Law: Practice Management, Substantive Law, Substantive Law: Legislation

Ontario Accessibility Compliance and Enforcement Report 2017

The 2017 Ontario Accessibility Compliance and Enforcement Report is now available online and outlines the activities undertaken by the Accessibility Directorate of Ontario in 2017 to oversee compliance with the Accessibility for Ontarians with Disabilities Act and its accessibility standards.

The report explains the results of the December 31st compliance reporting obligations of obligated organizations, and the various audits and inspections conducted by the Accessibility Directorate of Ontario in 2017. Overall, the report clearly indicates that there is a lot of enforcement work still needing to be done for Ontario to reach the goal of becoming an accessible province . . . [more]

Posted in: Legal Information, Legal Information: Information Management, Legal Information: Libraries & Research, Legal Information: Publishing, Miscellaneous, Practice of Law, Practice of Law: Practice Management, Substantive Law, Substantive Law: Judicial Decisions, Substantive Law: Legislation, Technology, Technology: Internet, Technology: Office Technology

Recent Report of the Standing Committee on Access to Information, Privacy and Ethics

Written wholly by Christina Catenacci, BA, LLB, LLM, and PhD candidate at the University of Western Ontario

In February 2018, the Standing Committee on Access to Information, Privacy and Ethics released a report that summarized issues and recommendations concerning the Personal Information Protection and Electronic Documents Act (PIPEDA).

The report was authored by Bob Zimmer, the Chair of the Standing Committee, and presented to the House of Commons in the first session of the 42nd Parliament.

More specifically, the report was generated following the decision to undertake a review of PIPEDA. This review began February 14, 2017; it consisted of . . . [more]

Posted in: Justice Issues, Miscellaneous, Practice of Law, Practice of Law: Marketing, Practice of Law: Practice Management, Substantive Law, Substantive Law: Legislation, Technology, Technology: Internet

Pay Transparency Legislation Introduced

On March 6, 2018, the Ontario government tabled Bill 203, Pay Transparency Act, 2018 to close the wage gap between women and men in the province by imposing significant obligations and restrictions on employers relating to the disclosure of information about the compensation of employees and prospective employees. The government says it will spend up to $50 million over the next three years on the initiative. . . . [more]

Posted in: Justice Issues, Practice of Law, Practice of Law: Practice Management, Substantive Law, Substantive Law: Legislation

Artificial Intelligence: What Is AI and Will It Really Replace Lawyers?

This article appeared in the February 2018 issue of LAWPRO Magazine.

If you scanned social media or the headlines in many online or print-based newspapers or magazines published in 2017, you were pretty much guaranteed to see posts and articles on artificial intelligence (AI).

Most of these articles suggest that AI is in the process of fundamentally changing our lives at work, home and play. And if you believe the comments in these articles, the good news is that we will have more free time to enjoy virtual-reality worlds and have our self-driving cars take us around the countryside. The . . . [more]

Posted in: Practice of Law: Future of Practice

Deloitte Class Action Indicative of Legal Future

Earlier this year, Justice Perell approved a replacement class representative in Sondhi v. Deloitte Management Services LP on a motion for what has already been an exhausting certification process in a class proceeding.

The matter involves a class, who although technically are lawyers, have not been considered as such by their employer or the parties procuring their services. These members typically consist of younger lawyers and new graduates who have been unable to otherwise find employment as lawyers in a traditional context.

I do know many of these young lawyers. I know that they are bright and talented, and would . . . [more]

Posted in: Practice of Law: Future of Practice, Substantive Law: Judicial Decisions

HR and Payroll Related Measures in the 2018 Federal Budget

On February 27, 2018, the federal government tabled its 2018-19 budget, the third budget for the sitting liberal government. The 2018-19 budget focuses on gender equality, economic growth, job creation and a strong middle class.

In his budget speech, federal Finance Minister Bill Morneau stated, “The Canadian economy is doing well-remarkably well. Over the last two years, hard-working Canadians have created nearly 600,000 new jobs, most of them full-time. Unemployment rates are near the lowest levels we’ve seen in over 40 years.”

The updated fiscal 2018-19 forecasted deficit is $18.1 billion, improved from the fall economic statement estimate of . . . [more]

Posted in: Miscellaneous, Practice of Law, Practice of Law: Practice Management, Substantive Law, Substantive Law: Legislation

Tax Impacts on Female Self-Employed

When the federal government proposed changes on tax policies for private corporations last summer, some lawyers expressed significant concerns.

The Canadian Bar Association (CBA), the largest legal organization in Canada, launched a campaign against these measures. In one letter, as part of a coalition for small business tax, they stated,

These are not minor amendments, but are sweeping changes that will affect all sectors of Canada’s business community and we ask that you not move forward with these proposals. Instead, the organizations listed below stand ready to meet with you and your officials to offer our support and ideas for

. . . [more]
Posted in: Practice of Law