Substantial Renovations And The H.s.t. New Housing Rebate
[vc_row][vc_column][vc_column_text]April 9, 2014 By Nick Melchiorre When you are looking to purchase or sell a house in Ontario that is not new, there is a possibility that the deal may attract Harmonized Sales Tax (H.S.T.). Generally, there is no H.S.T. on the price of a resale of a residential home. However, where the house being purchased […]
The Importance Of Investigating Cause
[vc_row][vc_column][vc_column_text]April 7, 2014 By Brad Smith In Ludchen v. Stelcrete Industries Ltd. the Ontario Superior Court acknowledged that an employer’s duty to investigate is not clear. But the Court took a practical approach when it stated that “the failure of an employer to conduct an investigation into a serious allegation makes it difficult for an employer to later […]
“You’ve Been Served…”
[vc_row][vc_column][vc_column_text]April 3, 2014 By Brian Babcock Hearing those words will send a chill through anybody’s heart. So, the first thing to do is to look at the papers you are handed. Very quickly you should be able to tell: What court you are being sued in What you are being sued for Who is suing you […]
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 […]