April Showers and Insurance
[vc_row][vc_column][vc_column_text]March 19, 2014 By Brian Babcock Massive winter snowfalls in Thunder Bay increase the risk of spring flooding. We hope for a smooth and gradual melt, but if the worst happens, are you prepared? A few things to know about flooding and insurance: Most property insurance does NOT cover flooding. Each insurance policy is different and […]
Bill 168 And Threats Of Workplace Violence
[vc_row][vc_column][vc_column_text]January 19, 2013 By Brad Smith An arbitrator concluded that Bill 168 changes the law with respect to termination of an employee for workplace violence. In Kingston (City) v. Canadian Union of Public Employees, Local 109 the arbitrator had to decide if an employee should be terminated after uttering a death threat. The arbitrator dismissed the grievance […]
No Duty To Mitigate When Fixed Notice Contract
[vc_row][vc_column][vc_column_text]January 18, 2013 By Brad Smith The Ontario Court of Appeal concluded that in certain circumstances a terminated employee is not required to mitigate her or his damages. Those circumstances arise when an employee is terminated without cause, the employment contract specifies the notice period but does not specify the employee must mitigate his or her damages. In Bowes […]
Let’s Make A Deal – That Stands Up In Court
[vc_row][vc_column][vc_column_text]January 8, 2013 By Brian Babcock Judges prefer when possible to find contracts to be binding upon the parties who sign them. The more exceptions they makes, the more uncertainty exists about when a deal is a deal, and that is bad for business. A recent Ontario decision, Rubin v Home Depot Canada Inc., is a useful […]
Are You Aoda Compliant? Time Is Running Out!
[vc_row][vc_column][vc_column_text]December 13, 2012 By Brian Babcock Private businesses with more than 20 employees must have written Customer Service policies compliant with the Accessibility for Ontarians with Disabilities Act (AODA), conduct staff training, and submit annual compliance reports to the government before December 31, 2012. Time is running out to comply. If you have not taken the necessary steps, […]
Conducting A Termination Meeting
[vc_row][vc_column][vc_column_text]October 12, 2012 By Brad Smith A recent case from the Ontario Superior Court demonstrates the importance of ensuring a terminated employee takes the time to make an informed decision prior to signing a release. In Rubin v. Home Depot Canada Inc., the employee had worked for the employer for almost 20 years and was 63 years old on […]
New Occupational Health And Safety Poster – October 1, 2012
[vc_row][vc_column][vc_column_text]September 24, 2012 By Brad Smith As of October 1, 2012, Ministry of Labour inspectors will be looking for the new poster required to be posted in the workplace. The Occupational Health and Safety Act requires an employer to post certain information in the workplace. This includes a copy of the Act (section 25(2)(i)), the employer’s occupational health […]
The Electronic Commerce Act And Life Insurance Beneficiary Designation
[vc_row][vc_column][vc_column_text]May 30, 2012 The introduction of the Electronic Commerce Act has been important in addressing advances in technology and the ever-growing reliance on electronic communication. It is now possible to enter into contracts that are entirely electronic. As a side note, the Act does not apply to the following documents: wills and codicils; trusts created […]
Social Media And The Job Hunt: Friends Or Foes
[vc_row][vc_column][vc_column_text]May 17, 2012 You’ve heard the stories – eager applicants with stellar resumes walking out of interviews feeling as though they’ve “nailed it”, only to find out the job was offered to someone else. “How did that happen? What could I have done differently?” they ask. Have you checked your Facebook profile lately? Well over […]
Bill 168 And Workplace Violence
[vc_row][vc_column][vc_column_text]April 11, 2012 By Brad Smith Based upon the Ontario Superior Court decision in Shakur v. Mitchell Plastics, an employer cannot rely upon Bill 168 alone to enforce zero tolerance of workplace violence. Bill 168 amended the Occupational Health and Safety Act to include workplace harassment and workplace violence. Many view Bill 168 as ushering in a new era with respect […]