New bill won’t stop employers from looking over your shoulder

A newly enacted law that compels Ontario firms to disclose if and how they are monitoring the activities of employees was announced with much fanfare by Ontario’s government in late February, but on closer examination, the legislation falls well short in many areas. The first thing to be said is that this type of law […]

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Prison lawsuit ruling shows why mass torts can be a valuable tool

By Tony Poland, LegalMatters Staff • A recent British Columbia court of appeal decision overturning certification of a class-action lawsuit brought by 215 inmates of a federal prison confirms the need to develop a Canadian-based mass tort litigation regime, says Barrie-area litigator Steve Rastin. The proposed class action relating to the alleged unlawful strip searches of prisoners in

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As my grandfather says, ‘lawyers wither alone but thrive together’

Here is the speech Stephen Aylward delivered in accepting the Emerging Excellence Award at the Toronto Lawyers Association 2022 Gala. It’s a pleasure to be here surrounded by friends and colleagues once again after two years of isolation and social distancing. Hobnobbing is one of my favourite parts of being a lawyer and so the

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The Charter grants the right to ‘peaceful assembly’

Various protests have attracted the public’s attention across Canada, but what are the laws governing these demonstrations? To justify their actions, protesters often point to s. 2 of the Canadian Charter of Rights and Freedoms. It guarantees that every Canadian has “freedom of thought, belief, opinion and expression, including freedom of the press and other

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All criminal trials must be completed in a ‘reasonable’ time

When any Canadian is charged with committing a crime, not only are they innocent until proven guilty but the court has to reach that verdict and decide on sentencing in a ‘reasonable’ amount of time. Sadly, that is not happening on a routine basis in the Alberta justice system at present, which opens up a

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Important to understand how AI fits in the legal profession

By Tony Poland, LegalMatters Staff • Artificial intelligence (AI) can be a boon to the legal profession but care must be taken to ensure it is being used correctly and in the right circumstances, says disability lawyer Leanne Goldstein. “Embracing technology can be extremely beneficial but it is important to understand how to use it effectively in

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The time for mandatory mediation has arrived: Rudner

By Tony Poland, LegalMatters Staff • Mediation is an effective alternative to litigating employment issues but it is not utilized as often as it should be, says Toronto-area employment lawyer and mediator Stuart Rudner. “I would like to see mandatory mediation for all employment issues be expanded across the province because right now we only

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What ‘exceptional circumstances’ warrant longer notice periods?

When an employer terminates an employee’s employment, they usually owe the employee prior “reasonable notice” of termination. The notice periods required of employers are generally capped at 24 months. However, courts have granted exceptions where there are exceptional circumstances. But the question then arises: What are those circumstances? Various rulings demonstrate there is no uniform

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