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 […]
Restricting Restrictive Covenants
[vc_row][vc_column][vc_column_text]April 2, 2012 By Brad Smith The Ontario Court of Appeal in Veolia ES Industrial Services Inc. v. Brulé has confirmed the importance of proper drafting and the difficulty of enforcing restrictive covenants. Mr. Brulé sold his business to Veolia and entered into a restrictive covenant. As a result of drafting that was described as unfortunate, the non-competition did not […]
Land Use Controls And “Grandfathering”: Public And Private Interest Clashes
[vc_row][vc_column][vc_column_text]March 27, 2012 “A person’s home is his (or her) castle” – implying that the King (or Queen) in that castle has supreme right to use the castle as he or she sees fit. So why even have zoning bylaws? Because for each saying, there seems to be another that creates an opposing force. In […]
No Right Of Lay Off At Common Law
[vc_row][vc_column][vc_column_text]March 20, 2012 By Brad Smith The Ontario Court of Appeal confirmed that a deemed termination under the Employment Standards Act is a termination at common law. In Elsegood v. Cambridge Spring Service dated December 23, 2011, the Court was asked to determine if an employee could recover damages for wrongful dismissal after he was on lay off for 35 weeks in […]
When Layoff Is A Termination Of Employment
[vc_row][vc_column][vc_column_text]March 9, 2012 By Brad Smith A December 9, 2011 court decision confirmed and applied two legal principles in employment: continued employment is not sufficient consideration for changes to employment and there is no right of lay off at common law (the right of lay off must be included in the contract of employment). As a […]
Invasion Of Seclusion
[vc_row][vc_column][vc_column_text]March 6, 2012 By Brad Smith On January 18, 2012 the Ontario Court of Appeal broke new legal ground in the case of Jones v. Tsige: it created the tort of invasion of seclusion. It is a common law right to damages for invasion of privacy. There are three elements that must be proven. First, there has to be […]
The Effects Of Child Support Overpayments, Cost Of Living Adjustments, And The FRO
[vc_row][vc_column][vc_column_text]February 22, 2012 By Mark Mikulasik The Family Responsibility Office (FRO) announced this week that it is currently taking steps to address administrative errors that resulted in overpayments of child support to thousands of Ontario residents, totaling close to 5.3 million dollars, and in some cases dating back to 1997. Those affected by the error may receive a “Notice of Cost of […]
Bill 133 – Family Law And Changes To Workplace Pensions
[vc_row][vc_column][vc_column_text]February 16, 2012 By Mark Mikulasik Divorcing or Separating? Do you have a workplace pension? If so you should be aware of changes in the law. Rules governing division of workplace pensions on divorce or separation under the Ontario Pension Benefits Act and the Ontario Family Law Act were amended by Bill 133 and will be effective January 1, 2012. […]