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Labour & Employment

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Monday, March 26, 2018 @ 9:26 AM

Alberta holding public consultation on new workplace health and safety rules Damian Rigolo, Osler Hoskin & Harcourt LLP

Last year Alberta’s NDP government made significant changes to the province’s laws on workplace health and safety, and now it is turning to the public to help define what shape they will take. ... [read more]

Monday, March 26, 2018 @ 9:22 AM

Ticking all the boxes of a workplace sexual harassment policy harassment_policy_sm

As a result of the increased publicity, workplace sexual harassment policies are being challenged and criticized for being too vague or written in a biased way that protects the organization or upper management. Now more than ever, employers need to ensure that due diligence is consistently applied when dealing with sexual harassment complaints and that the internal policy is reflective of that commitment. ... [read more]

Friday, March 23, 2018 @ 1:47 PM

Borden Ladner Gervais expands team

Borden Ladner Gervais LLP has added new partners and associates. ... [read more]

Thursday, March 22, 2018 @ 9:07 AM

How E visas help Canadian companies expand into the U.S. american_visa_sm

A Canadian company that has expanded or plans to expand into the U.S. should consider the E visa as a vehicle for movement of workers. There are two types of E visa, the E-1 Treaty Trader and E-2 Treaty Investor. Both are available under the North American Free Trade Agreement. ... [read more]

Wednesday, March 21, 2018 @ 8:58 AM

Drawing the line between consultation and collaboration with expert witnesses collaborative

In 2015, the Ontario Court of Appeal confirmed in Moore v. Getahun 2015 ONCA 55, that it is appropriate and essential for counsel to consult and collaborate with expert witnesses in preparing expert reports. However, this practice is not without limits considering an expert’s duty to provide a fair, objective and non-partisan opinion. In this third article in a series on expert evidence, the jurisprudence on where counsel should draw the line in providing input to an expert witness is surveyed. ... [read more]

Monday, March 19, 2018 @ 9:29 AM

Judge who sexually harassed court staffer quietly quit; unlike the U.S., #MeToo hasn’t hit Canadian judiciary TLD Exclusive

A superior court judge who subjected a court staffer to sexualized contact in the workplace quietly resigned after a Canadian Judicial Council (CJC) investigation, without the judicial disciplinary body publicly disclosing his actions until now. ... [read more]

Monday, March 19, 2018 @ 8:39 AM

Avoid nasty surprises by preparing your client for mediation | Stuart Rudner

When I am chosen to mediate an employment law dispute, my goal is to help the parties reach a reasonable resolution. In the vast majority of cases, I am successful in doing so. However, this is occasionally despite the fact that “unexpected” issues arise which delay or derail the discussions. I put unexpected in quotes because they may not have been anticipated by the parties, but counsel should have discussed them in advance as part of the preparation for mediation. ... [read more]

Friday, March 16, 2018 @ 8:37 AM

EMPLOYEE RIGHTS AND BENEFITS - Entitlement - Laid-off employees

Appeal by the Ontario Nurses’ Association (ONA) from a decision overturning an arbitrator’s decision, allowing the ONA’s grievance against the Toronto East General Hospital. ... [read more]

Tuesday, March 13, 2018 @ 8:54 AM

Why we need an Anti-#MeToo movement | Laurelly Dale

An interview with criminal defence counsel and feminist Angela Chaisson was published in The Lawyer’s Daily on March 1. In it, she calls for the legal profession to have its own #MeToo movement. Changing behaviour and process is difficult. I commend the #MeToo movement for cultivating a culture of intolerance; however, it has deprived those accused of a fair process and presumption of innocence. Important safeguards are being washed away at its expense. ... [read more]

Friday, March 09, 2018 @ 12:23 PM

Nova Scotia appeal ends battle of cardiologist who lost research privileges Peter_Rogers_sm

The failed appeal of a doctor unsatisfied with a $1.4 million award for being stripped of research privileges shows an “unwillingness” of courts to fall for “artificial contracts,” said a lawyer involved in the case. ... [read more]