Mediation During Litigation
Sometimes when family law matters are moving through the court process, one or both parties proposes mediation. Clients can feel confused about that kind of approach, and we are often asked questions about mediation during a litigation matter, including: Does it make strategic sense to mediate during litigation? Are there any consequences for refusing to […]
Executive Comp: Share Purchase Documents Prevail in Exec Wrongful Dismissal Litigation
For many executives, a great portion of their remuneration is derived from company shares. In the context of wrongful dismissal litigation, the value of those shares can become even more contentious than claims for pay in lieu of reasonable notice. Recently, in Mikelsteins v. Morrison Hershfield Limited, the Court of Appeal for Ontario clarified matters […]
Securities Laws – They Do Apply to Your Business!
As a small business owner you may be under the impression that securities laws are not applicable to you. This impression likely stems from a common perception that “securities” are publicly traded, and consequently the laws that regulate them must only be of concern to publicly-listed entities. Right? Unfortunately not. Securities laws are relevant to […]
Employer Obligations To Provide A Healthy Workplace: Keeping Harmful Rhetoric Out
An employer has an obligation to provide a harassment-free and healthy work environment. Ontario’s human rights legislation does not require an employee to be the direct target of a hateful or harmful religious-based comment at work in order to bring forth a complaint as it recognizes that a workplace that tolerates such comments can become […]
Employer Human Rights Best Practices In Hiring And Retention
There are practices that an employer can put into play at the outset of the hiring process to ensure that they are reaching out to a diverse talent pool. This could extend to posting job advertisements more broadly in community papers or through special affiliation groups. In hiring, best practice is to use the same […]
When Human Rights are at Risk: Examining Current Events in Quebec and Alberta and Considering the Landscape at Home in Ontario
Importantly, Ontario’s Human Rights Code and the Canadian Human Rights Act do provide employment protections against discrimination in hiring and promotion based on race, creed, sex, amongst other grounds. Nothing on that front has changed and, indeed, both of these pieces of legislation have added protections against discrimination on the basis of gender identity and […]
Offers To Settle in Court: A Sensible Strategy to Family Law
The majority of family law cases that go to court end up agreeing to a settlement. One mechanism that can help parties get to a settlement more efficiently is the offer to settle itself. Either party to family law litigation can make an offer to settle an ongoing case at any time during the court […]
“Extra Breathing Room”: Dangers And Benefits Of Extending The Probation Period
Many employers require employees to agree to a probationary period (usually 3 months, but sometimes longer) during which the employer can dismiss the employee for any lawful reason whatsoever without notice or pay in lieu. The purpose of the probationary period is to allow the employer an opportunity to assess the new employee and determine […]
Accommodating Breastfeeding at Work
According to articles in the Harvard Business Review and the Arizona Daily Star, a US Federal jury has recently awarded 3.8 million dollars in damages to a Tucson paramedic after the Tucson Fire Department failed to provide her with a private space to pump her breast milk. The employee, Carrie Clark, not only had her accommodation […]