Two recent cases out of Ontario’s Superior Court, Papp v Stokes Economic Consulting Inc., (Papp) and Kanak v Riggin, (Kanak), provide guidance to employers on avoiding liability when giving employment references. Although in both Papp and Kanak the employers were cleared of any liability, both cases confirm that employers can be found liable for defamation when providing a negative reference. . . . [more]
Archive for ‘Practice of Law: Practice Management’
Ontario Bill 148, Fair Workplaces, Better Jobs Act, 2017 received second reading on October 18 and was sent to Standing Committee on Finance and Economic Affairs for further review and possible additional amendments.
Before the Bill received second reading, three draft regulations for public consultation were tabled at the Ontario Regulatory Registry to support the implementation of the Employment Standards Act and Labour Relations Act amendments under Bill 148. In addition, as part of the employment and labour standards review that brought about the changes found in Bill 148, the Ontario government is seeking public input to help make workplaces . . . [more]
On September 11, 2017, an amended version of Bill 148, Fair Workplaces, Better Jobs Act, 2017 was ordered for second reading and is currently being debated. Amendments to Bill 148 so far include: . . . [more]
This article is by Nora Rock, corporate writer and policy analyst at LAWPRO.
As a child, did you step carefully over every sidewalk crack? Tap each post of the hockey net before settling into the crease? Wear your lucky socks to every law school exam?
Even those of us who scorn superstition rely on routines and rituals for our own protection: we swallow a daily multivitamin, fasten our seatbelts, return our passport to the drawer after a trip. Routines conserve mental energy, allowing us to sidestep day-to-day hazards while saving our intellectual energy for novel or challenging problems.¹
Building routines . . . [more]
It goes without saying that law school does not teach us how to run an office. For that, I have had to learn on the job, one step at a time. When I founded this firm 2 1/2 years ago, I blocked off Friday afternoons for managing the business end. Of course, the busier I got on the legal side, the more time I needed to spend on business tasks. Thankfully, there is no need to reinvent the wheel and there are many easy solutions out there for sole practitioners – once you find them. For office management and . . . [more]
Five Canadian provinces are increasing the general minimum wage rate October 1, 2017 as follows: Alberta ($13.60), Manitoba ($11.15), Newfoundland and Labrador ($11.00), Ontario ($11.60) and Saskatchewan ($10.96). The general minimum wage rate increase results in corresponding increases to other rates in the respective provinces.
Note that British Columbia’s general minimum wage increased September 15, 2017 to $11.35 per hour. Other provincial minimum wage rates were also adjusted at that time. . . . [more]
In addition to affirming that an employee’s resignation must be clear and unequivocal to be valid, this case tells us that employers do not have a greater onus when it comes to long-term disabled employees who resign. The British Columbia Human Rights Tribunal did not accept the employee’s claim that it was unreasonable in the circumstances for her employer to conclude that she wished to resign without further inquiry. . . . [more]
This blog post is entirely written by Christina Catenacci, BA, LLB, LLM, for First Reference Talks. Christina is currently pursuing a PhD at the University of Western Ontario with a focus on privacy law.
On August 21, 2017, the Office of the Privacy Commissioner of Canada released an informative piece regarding cookieless identification and tracking of devices. Interestingly, there is a new technique called, “fingerprinting”, which can work to enable website operators, advertising companies, and other organizations to track users – even when they clear their cookies. The document explains the implications and what people can do to protect their . . . [more]
On August 4, 2017, the newly elected NDP government announced that they will “re-establish a human rights commission to fight inequality and discrimination in all its forms.” . . . [more]
This article is by Ian Hu, claims prevention and practicePRO counsel at LAWPRO.
An examination for discovery often marks the point in which you really sink your teeth into a case. The parties and opposing counsel come to a face-to-face meeting, and key evidence comes out, warts and all. Much of the exploration in an examination for discovery will uniquely depend on the specific witness and the answers that are drawn out. But some answers call for a habitual, routine response. Here are some good practice habits to use at examinations for discovery and avoid malpractice claims.
Your Notes: . . . [more]
Written by Cristina Lavecchia, Editor, First Reference Inc.
An employee working for a an international trucking company that is considered a federally regulated employer alleged that while his accident claim was active with a provincial workers’ compensation board (WCB), his employer informed the WCB, without his knowledge and consent, that he had tested positive in a drug test.
According to the employer, they were required to disclose this information by law. However, the WCB and the Office of the Privacy Commissioner of Canada both affirmed that the circumstances in this case did not require the employer to make such a . . . [more]
The Ontario Legislative Assembly Standing Committee on Finance and Economic Affairs met from July 10 to July 14, 2017 (we were informed that hearings are continuing to July 21, 2017, Hamilton is today and Toronto closes the tour tomorrow) to consider and hold public hearings on Bill 148, Fair Workplaces, Better Jobs Act, 2017. The Bill amends the Employment Standards Act, 2000, the Labour Relations Act, 1995 and makes related amendments to other Acts. The government wanted to be sure that there are no unintended consequences because the changes in the Bill contain complex policies. . . . [more]