Court of appeal decision provides clarity in termination cases

By Tony Poland, LegalMatters Staff • A recent Ontario Court of Appeal (ONCA) ruling clarifies the threshold to establish wilful misconduct under the Employment Standards Act, 2000 (ESA) and provides guidance on how to assess sexual harassment in the workplace, says Ontario employment lawyer Nadia Zaman. The case involved the manager of a company who […]

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Mental health ‘shadow pandemic’ may be an issue for years

By Tony Poland, LegalMatters Staff • A rise in mental health issues during the COVID-19 crisis has resulted in a “shadow pandemic” and many people are not getting the help they need and deserve, says Toronto and Markham-area disability lawyer Rupa Karyampudi. According to the World Health Organization, the coronavirus pandemic has “led to a worldwide increase in

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Toronto Lawyers Association’s new president hits ground running

By Tony Poland, LegalMatters Staff • Building on the successes of the past year, Toronto Lawyers Association (TLA) president Erin O’Donovan says she is ready to take on the challenges that lay ahead. “The TLA is a volunteer board and we have plenty of engagement by the executive and board members. When new issues arise that impact lawyers in

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Police can exercise their power when protests turn illegal

If a demonstration remains peaceful and does not impede the lawful activities of others for an extended period, police will allow the participants to exercise their right to protest. During the three-week truckers’ protest in Ottawa, many people were surprised the police did not move in sooner since there were reports of illegal activity throughout

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Laws relating to photographs of people can be surprising

By Tony Poland, LegalMatters Staff • Just because someone took your photograph doesn’t mean you have the right to use the image as you wish, says Toronto intellectual property lawyer John Simpson. Simpson, principal of IP and new media law boutique Shift Law Professional Corporation, used the case of American model and actress Emily Ratajkowski – who

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Air Canada ruling raises interesting ‘specific performance’ question

By Tony Poland, LegalMatters Staff • An Ontario Superior Court of Justice ruling in a wrongful dismissal case has a great deal to unpack but what makes it particularly interesting is the use of the rare “specific performance” remedy, says Toronto employment lawyer Ellen Low. Low, principal of Ellen Low & Co., says the ruling in Ruel v.

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Police in Alberta should not be left to police themselves

Alberta needs a civilian board to oversee police forces in the province, so it is encouraging to see the province moving in that direction. According to media reports, the justice department has awarded a $150,000 contract to consultants so they can study different models of independent police complaint oversight, with an end-of-June deadline to report

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Peaceful protests are allowed on public and private property

Protests are allowed on both public and private property provided that they remain peaceful. In Ottawa, if the people taking part in the truckers’ protest had just peacefully blocked Wellington Street for a day then went home, there would have been no need for police intervention. However, the right to protest ends when the actions

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Ontario NDP should not look to B.C. for auto insurance reform

By Paul Russell, LegalMatters Staff • The Ontario NDP’s pledge to reform provincial auto insurance coverage is a recipe for disaster, especially if the new system is modelled after publicly funded no-fault systems in other provinces, says Toronto personal injury lawyer Joshua Goldberg. “Moving to a government-controlled no-fault insurance system, similar to what is used

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