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Staunching RCMP Harassment Culture

Despite the fact that a recent Ontario Court of Appeal decision, Merrifield v. Canada (Attorney General) 2019 ONCA 205, found that there is currently no tort of harassment at common law, mounting societal pressure and changing cultural attitudes have catalyzed numerous lawsuits relating to workplace harassment in Canada and beyond. A Canadian class action against WestJet has …

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Half of Canadians Have No Disability Insurance: Survey

An RBC Insurance survey has uncovered a growing inverse relationship between disability coverage and the need for time off due to disability among Canadian employees. It is becoming increasingly imperative of Canadians to be aware of, and understand, whether or not they have disability coverage, what that coverage looks like, and to have a plan …

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Second $100M class action settlement further sours RCMP reputation – Toronto Employment Lawyer

It is nothing less than a national tragedy that the Royal Canadian Mounted Police (RCMP) — a police force that used to be respected — is now dealing with a second $100 million class action sexual harassment settlement by female officers. For more than 100 years, the RCMP was a police force with integrity, distinction …

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Avoiding Double Recovery: What Income Can Be Deducted From Wrongful Dismissal Damages? Toronto Employment Lawyer

It is a foundational principle of tort law that the purpose of compensation is to put the plaintiff back into the position they would have been in had the tort not been committed. In the context of a wrongful dismissal claim, the resultant damages are meant to ensure that the plaintiff has reasonable notice of …

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Canada Labour Code Complaints and Unjust Dismissal – Toronto Employment Lawyer

Not all employment-related matters can or should proceed in the same forum. For instance, unlike provincially-regulated employees, federally-regulated employees are sometimes able to pursue their employment matter through the Canada Labour Code (“CLC”). It is important to receive legal advice quickly to determine how to best bring your claim and protect your rights. Some forums …

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“Negative Vacation Banks” are contrary to the Employment Standards Act

According to the Employment Standards Act, employees are not entitled to paid vacation time during their first year of employment. That is because employees accrue entitlement to vacation as they work. In other words, an employee who works one full year, is entitled to two weeks of vacation. Notwithstanding this, many employers allow their employees …

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Independent Contractor Arrangements Under Attack

The forces of global competition now pervade the economy, where advanced communications have made possible competition from around the world even for skilled service work. This trend has encouraged looser employment relationships as employers seek greater flexibility. Employers frequently hire temporary workers and purported ‘contractors’ with the aim of limiting their obligations to those workers. …

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No Privilege for an Employee Satisfaction Survey in a Class Action for Unpaid Overtime – Toronto Employment Lawyer

Solicitor-client privilege imparts a right to confidentiality for the documents that contain the legal advice provided by lawyers to their clients, or the advice sought by the clients.  It is an important component of access to justice intended to allow unfettered access to legal advice without a fear that the act of seeking advice could …

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