Powers of attorney: Property and person

Although most individuals understand the importance of having a will, the importance of having a Power of Attorney for Property and a Power of Attorney for Personal Care is often overlooked. A Power of Attorney is a legal document that gives another individual the right to act on one’s behalf during the grantor’s lifetime. There […]

Disability access: Are you compliant?

The Accessibility for Ontarians with Disabilities Act (AODA) came into law in 2005, and has continued to have a significant impact on private, public and not-for-profit businesses in Ontario. Organizations should be considering whether they have been compliant with the AODA, as there are significant monetary consequences for failing to do so. By David Alli […]

Termination done right

Terminating an employee is one of the most difficult decisions employers face. Once the decision to terminate has been made, employers must consider the potential negative effects upon the employee, other staff, the organization’s reputation, and the threat of litigation. An action plan benefits all parties To avoid negative consequences, the conduct of the termination […]

Good faith: It’s the law

Business transactions often involve contracts, where one party undertakes something in exchange for something from the other party. By Edwin Upenieks The contract spells out both parties’ obligations, but not necessarily how the parties should act while discharging those obligations. While the common law requires parties to act honestly when fulfilling contractual obligations, a recent […]

Selling your business?

Business owners that run their own companies invest huge amounts of time, money and expertise to make their businesses successful, and should be able to reap the maximum reward when they sell.

Expanded OHS obligations

By Cheryl A. Edwards and Jeremy Warning An incident in which a male spectator at a Toronto soccer match uttered a vulgar phrase into the microphone of a female television reporter has, again, generated intense public discussion regarding the issue of sexual harassment. This incident has added to the recent list of allegations of sexual […]

Weathering coroner’s inquests and fatality inquiries

  By Cheryl A. Edwards and Jeremy Warning Any employer experiencing a workplace fatality faces a multitude of legal issues. One aspect of managing in the aftermath receives little attention — an inquest or inquiry. One or the other may arise following any occupational health and safety charges or penalty. An inquest or inquiry could: […]

Revisions to the Canada Labour Code: danger redefined

by Jeremy Warning Although decried by organized labour, key amendments to Part II of the Canada Labour Code (the Code) came into effect on Oct. 31, 2014. These amendments change the definition of “danger” in the Code and provide expanded obligations for the workplace parties when an employee exercises the right to refuse dangerous work. Organized […]

Obligations for travelling

Out of sight, but not out of mind By Jeremy Warning Many workers are required to travel as part of their jobs. They may travel for sales trips, service calls, conferences, client meetings, or even accompanying students on field trips. Unfortunately, workers are sometimes injured while travelling. There have been a number recent examples of […]

Termination clauses: Benefits matter

By Jeremy Warning The July 7, 2014 decision of the Ontario Superior Court of Justice, Miller v. ABM Canada Inc., 2014 ONSC 4062 (CanLII), provides a reminder for employers that termination clauses in employment contracts will be strictly construed by the courts. Because such clauses represent an agreement to contract out of an employee’s right […]