Ontario’s Ministry of Labour made headlines last week when they began an annual blitz on potentially abusive employers. The purpose was to target employers who take advantage of workers by failing to adhere to the requirements outlined in the Employment Standards Act. The targeted industries, according to the Ministry, include fitness and recreation, restaurants and janitorial services. The Ministry’s goal is to hold employers accountable for respecting employee entitlements such as minimum wage, eating periods and overtime pay.
Archive for ‘Substantive Law’
The Ontario Court of Appeal recently released its decision in Ross v. Bacchus, reversing the trial judge’s award of remedial costs against the insurer for failing to comply with its obligations under the Insurance Act. Justice Doherty stated,
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 Insurers, like any other defendant, are entitled to take cases to trial. When an insurer rejects a plaintiff’s offer and proceeds to trial, the insurer risks both a higher damage award
‘shall meet the requirements of this section in accordance with the following schedule:
1. By January 1, 2014, new internet websites and web content on those sites must conform with WCAG 2.0 Level A.’
Are your clients or other large organizations you know of complying with this obligation? Have they sought your advice on how to comply?
I ask not in order to send in the forces of order (‘not my department’, as we say in government), but . . . [more]
Headlines get made when employers and unions wage labour war. Teachers fighting provinces, police officers fighting cities and postal workers fighting Canada Post all make for great news. Inter-union fighting makes less noise but is also fascinating when it ends up before labour tribunals. A recent case provides a great example of what happens when unions “raid” each other (“raiding” is when one union attempts to sign up members represented by another union).
Ontario’s Workplace Safety and Insurance Board (WSIB) is proposing significant changes to the employer Rate Group Classification System and premium rate-setting processes. Consultations are underway, and the board expects to start implementing the proposed changes starting in 2018, with full implementation by 2021. The “Proposed Preliminary Rate Framework” aims to simplify the system and make it fairer. . . . [more]
Which laws exist to protect patients from snooping eyes of health care providers?
Disciplinary hearings were held over the past few weeks in Ontario for nurses who looked at patient files without authorization. Despite the knowledge of several of these instances, there has never been a successful conviction of the Personal Health Information Protection Act (PHIPA) since coming into force a decade ago, and some people are starting to ask why.
One of the major challenges is the regulatory regime itself, which is particularly unwieldy and requires prosecution by the Attorney General. The Health Minister has already promised to simplify . . . [more]
When the New Brunswick Legal Aid Services Commission decided unilaterally to place its executive director David Potter on indefinite paid suspension, the employee challenged the decision in court. The commission took the position that Potter’s legal challenge meant he had resigned, and cut off his pay and benefits. The case went to the Supreme Court of Canada and in Potter v. New Brunswick Legal Aid Services Commission, the Supreme Court concluded that Potter was constructively dismissed and did not voluntary resign his position. The central issue was whether and in what circumstances a suspension with pay of a non-union . . . [more]
The prairie landscape is notorious for its endless horizons, enabling the traveller to see far ahead. This long view is evident in recent changes proposed to regulation of the legal profession in Manitoba, changes that are clearly oriented toward the future.
The proposed amendments included in Bill 19 include:
- Altering the composition of the governing body of benchers
- Amending the definition of a law firm
- Permitting the regulation of law firms
When Ontario made wide-sweeping changes to automobile insurance and personal injury law in 2010, the intent was to reduce insurance premiums for the public. Although insurance companies did save money, much of these savings were not passed on to the consumers.
The amount of claims observed in Ontario did decrease in this period, but still remain the highest in the country. In 2006, accident benefits claims were $331, and rose to $588 per insured vehicle in 2009. This dropped down to $313 per vehicle in 2013 after the reforms.
On March 26, 2015, the Quebec government tabled Bill 42, An Act to group the Commission de l’équité salariale, the Commission des normes du travail and the Commission de la santé et de la sécurité du travail and to establish the Administrative Labour Tribunal in the National Assembly. The goal of the bill is to consolidate various employment and labour boards into one administrative labour board, among other things. . . . [more]
I’m not one much for the hype around royal babies, who as of now remains unnamed, but this one has some special significance for Commonwealth nations. The birth of the baby girl yesterday to Prince William and Kate Middleton signals the first royal born since the enactment of new succession laws in the U.K.
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The Princess Sophia, Electress and Duchess Dowager of Hanover, Daughter of the late Queen of Bohemia, Daughter of
Our non-Ontario readers will be thrilled that in an hour the polls close and you won’t have interminable discussions about Ontario’s election and its implications. This post responds to and builds on Mitch’s prescient post from 18 months ago, and Alice Woolley and Alan Cliff’s posts which dealt with the Ontario Benchers’ Election which wraps up today at 5 PM
My focus isn’t on the substantive issues that Alice focused on yesterday but rather on an underlying governance issue that no-one appears to be talking about. It’s about convocations, cabinets and the tyranny of geography
What are the most . . . [more]