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Monday, August 13, 2018 @ 1:17 PM

Social media still grey zone for HR departments: Caution is advised Megaphonecomputer_sm.jpg

Spider-Man first appeared in 1962 in Marvel’s Amazing Fantasy No.15. While much has changed since the 1960s, one line from the comic still holds true today— “With great power, comes great responsibility”. Today’s society is constantly changing and a major medium of this change is social media. Social media continues to be a “grey zone” for employees and employers alike, who struggle to regulate their behaviour or understand the consequences of their actions. ... [read more]

Monday, August 13, 2018 @ 11:25 AM

Cartoonist challenges Banksy’s intellectual property rights Bansky_sm2.jpg

After viewing the recent Toronto exhibition, The Art of Banksy, Cinders McLeod was surprised to discover that the British graffiti artist, Banksy, may have “pinched her ideas” in certain drawings published in The Glasgow Herald in the 1990s. ... [read more]

Monday, August 13, 2018 @ 8:40 AM

Residential contractors, owners both have rights and obligations when renovating house_repairs_sm

In 2005, the Consumer Protection Act, 2002, S.O. 2002, c. 30, Sched. A (the Act) was amended and replaced previous consumer protection legislation in Ontario. The Act mandates specific requirements with respect to the contents of consumer agreements, sets out prohibited practices by suppliers and provides robust remedies for consumers. Residential owners and contractors alike need to be mindful of their rights and obligations when entering into agreements for renovations and/or repairs. ... [read more]

Friday, August 10, 2018 @ 1:25 PM

New B.C. family responsibility leave requires full disclosure on the part of employee bossworkerchat_sm.jpg

A late 2017 arbitration decision out of British Columbia — Kone Inc. v. International Union of Elevator Constructors, Local 82 (Kelpin Grievance)  [2017] B.C.C.A.A.A. No. 128 — confirmed that employees cannot “ambush” employers with an after-the-fact claim that going AWOL was actually a legislatively protected leave. In this case, the leave claimed was B.C. “family responsibility leave." Given the recent changes to the Employment Standards Act, B.C. employers will be likely to receive more requests for protected leaves. ... [read more]

Friday, August 10, 2018 @ 8:55 AM

From guardians to financial support: Putting a pet clause in the will pets_will_sm

I had no idea, when I first got a dog, what a responsibility it would be. Six months, an emergency room visit and six thousand dollars later, I learned that pet insurance would be a good idea. I also learned not to leave socks around a puppy. So, when I drafted my power of attorney for property, I thought about my dog. ... [read more]

Thursday, August 09, 2018 @ 11:51 AM

Former inmates working to prevent others from going to jail handsonbars_sm.jpg

On Aug. 10, 1975, inmates from Millhaven, a maximum security prison, in Bath, Ont., organized a 24-hour hunger strike to honour Edward Nalon, who bled to death in segregation the year before. At the time, peaceful protests were a punishable offence and some inmates were put in segregation for a year after the strike. The following year, more than 60 inmates at Millhaven began a 110-day hunger strike following the death of another inmate in segregation. ... [read more]

Thursday, August 09, 2018 @ 8:51 AM

Franchise disclosure and the right to future exemptions franchise_disclosure_sm

Canadian provincial franchise statutes oblige franchisors to provide prospective franchisees with a franchise disclosure document (FDD) and create several exemptions from this obligation. This article addresses the question of whether a franchisor may deliver an FDD during the franchise grant process, while reserving a future right to rely on one or more of the statutory disclosure exemptions. ... [read more]

Wednesday, August 08, 2018 @ 10:52 AM

Shared parenting and the framework for determining child support Familybreakups

Few things are ever simple or clear cut in family law. This is not surprising given that family law addresses the most intimate conflicts of our lives. ... [read more]

Wednesday, August 08, 2018 @ 8:58 AM

You can still claim prescriptive easement, if you can prove it blocked_driveway_sm

The abolition of the creation of prescriptive easements created by the conversion of properties in Ontario into the Land Titles system has not resulted in the disappearance of such claims. Such claims may be made against the owner of any “Land Titles Conversion Qualified” property, by reason of the qualification in this regard as expressly set out on the parcel register, provided that the claim “crystallized” prior to the conversion. A recent Court of Appeal decision sheds light on the evidentiary requirements to make such a claim. ... [read more]

Tuesday, August 07, 2018 @ 2:05 PM

Canadian Tire case blurs lines between independent contractors and employees workerinsigns_sm.jpg

The blurring of lines between independent contractors and employees has been a steady trend in Canadian employment law. Consistent with that trend, a recent decision by the Ontario Court of Appeal has brought the two worlds even closer together. ... [read more]