Human rights decision could bode well for harassment victims

By Tony Poland, LegalMatters Staff • Toronto employment lawyer Ellen Low says she is hopeful a recent Human Rights Tribunal of Ontario (HRTO) ruling will lead more victims of sexual harassment in the workplace to pursue their complaints with the tribunal. Low, principal of Ellen Low Employment Law, says NK v. Botuik is a significant […]

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Time is running out to meet accessibility act requirements

By Tony Poland, LegalMatters Staff • With 2020 drawing to a close, employers should ensure they are on track to comply with pending accessibility requirements under the Accessibility for Ontarians with Disabilities Act, 2005 (AODA), says Toronto-area employment lawyer Brittany Taylor. The AODA became law in 2005 with a goal to develop, implement and enforce

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Be careful what you wish for when it comes to defamation claims

The publicity surrounding a defamation lawsuit in British Columbia shows that attempts to silence a critic with legal action can sometimes backfire, says Toronto lawyer Howard Winkler. “Plaintiffs must think long and hard about the consequences of bringing a defamation lawsuit when the expression is in relation to a matter of public interest,” says Winkler,

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Two important concerns about highway speed limit increase

Ontario is just over half-way through a two-year pilot project which saw the speed limit increased to 110 km/h on three stretches of 400-series highways. Six months in, the province announced that the project is receiving widespread support, saying 80 per cent of survey respondents supported the project while 82 per cent supported increasing the speed limits on

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Domestic assault trials can go ahead, even if the victim recants

Once a police investigation has begun after an allegation of domestic assault – whether an actual assault, mischief to property or a threat – the complainant’s wishes carry little weight, as officers are required to lay charges if they find evidence that a domestic assault has taken place. I’ve had many cases where in the

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A job title is not always the ticket to more severance in a dismissal

Having an impressive job title might be beneficial for your ego but what’s printed on your business card may not hold much sway in a severance dispute. In a recent decision, an Ontario Superior Court ruled that title without substance is not sufficient to attract longer notice periods normally reserved for senior managers and executives.

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Not taking workplace harassment claims seriously can be costly

By Tony Poland, LegalMatters Staff • Allegations of workplace harassment can have far-reaching implications and require careful attention by the employer, the alleged victim and the subject of the complaint, says Toronto employment lawyer Jeffrey M. Andrew. “These things are serious,” says Andrew, a partner with Cavalluzzo LLP. “The Occupational Health and Safety Act (OHSA)

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Real estate regulation update a win for the industry and consumers

The modernization of regulations governing Ontario’s real estate industry is welcomed by those in the industry and I am sure it will be embraced by the public. The first phase of the Trust in Real Estate Services Act, 2020 was implemented on Oct. 1, affecting the work of registered real estate brokerages, brokers and salespersons

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Supreme Court of Canada to revisit seminal case on slip and falls

In August, the Supreme Court of Canada granted leave to appeal from the decision of the Court Appeal for British Columbia (BCAA). The municipality sought leave when the BCCA ordered a new trial after setting aside the trial judge’s order dismissing plaintiff’s action. The Supreme Court of Canada will likely hear submissions sometime in 2021. To read

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Evidence in domestic assaults includes photos, medical records

When someone calls the police and claims they were a victim of domestic assault, officers will probably take away the suspect in handcuffs and then start collecting evidence. If you find yourself in that situation, don’t give a statement to the police but instead call an attorney who can help you present the best defence

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