On January 2010, significant amendments to the rules of civil procedure were put into effect. This paper will highlight the strategic considerations that lawyers should have when litigating employment law matters and how to use the new amendments to their…
For most of us, the summer season brings with it opportunities to travel and enjoy the great outdoors. for students, summer represents a valuable opportunity to gain employment experience. hiring a summer student or intern can help many lawyers and…
In 2008, legislative amendments to the Ontario human rights code (“code”) removed the right of parties to appeal decisions of the human rights tribunal of Ontario (“hrto” or “tribunal”) to the courts. With the removal of appeal rights, decisions of…
As a result of bill 168, the Occupational health and safety act, (the “ohsa” or “act”) now imposes obligations on employers to maintain policies and programs with respect to preventing both workplace violence and harassment. While the requirement to maintain…
As the human rights tribunal’s processes are becoming more developed and widely understood, the opportunities for using these processes strategically are increasing. For both applicants and respondents there are particular junctures in the part iv application process where a strategic…
When an employer has grounds to believe that one or more of its employees are engaged in activity that is contrary to the company policy and/or contrary to law, there are a number of important issues to consider when deciding…
The primary strategy in dealing with wrongful dismissal files in the early stages involves making judgment calls about which key issues will make a significant difference to a satisfactory settlement or litigation result in the case. While that may be…
The Ontario human rights code, r.S.O. 1990, c. H.19 (“code”) underwent a major overhaul with the full coming into force of the human rights amendment act, s.O. 2006, c. 30, on june 30, 2008. Among other changes, these significant reforms…
The supreme court’s recent decision in khosa represents its first significant guidance with regard to the implementation of the standard of review analysis post-dunsmuir (Dunsmuir v. New brunswick, [2008] 1 s.C.R. 190, 2008 scc 9). This decision provides some insight…
This paper will provide an overview of the common features of long term disability (“ltd”) insurance contracts, and will provide a primer on the remedies and damages available in ltd litigation. Finally, we will offer practical tips on managing ltd…
Few areas of employment law cause as much confusion as the duty to accommodate persons with disabilities in the workplace. Under the Ontario human rights code (“code”), every person has a right to equal treatment with respect to employment without…