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Calculating Overtime Payments in Ontario

Overtime is a premium pay that compensates employees for working more than 44 hours a week. In Ontario, the rules regarding the payment of overtime can be found in the Employment Standards Act (2000). These rules do not apply to federally regulated industries, like, banks or airlines, and there are exemptions for certain other kinds of work. For the most part, however, employees must receive 1.5 times their regular rate of pay for all hours worked that exceed the threshold […]

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How Would Ontario’s Proposed “Pay Transparency” Bill Effect Employers and Employees?

Drawing from examples of laws implemented in Iceland, Germany, the United Kingdom, and Australia, proposed legislation in Ontario—referred to as the “pay transparency” bill—aims to end wage inequality between men and women in the province. Laws prohibiting wage discrimination have been in place since the 1950s, yet a significant pay gap between men and women, with estimates as a high as 29 percent in some sectors, persists in Ontario. The new bill would require large companies to track information regarding […]

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A New Minimum Wage in Ontario

Determining the minimum wage in Canada is a provincial responsibility and the minimum amount an employer must pay for an hour’s work varies from province to province. Currently, Alberta is the only province in the country to award a $15 an hour minimum to all workers, but recent changes to the Ontario legislation are designed to reach the same threshold in January 2019. Saskatchewan occupies the bottom rung on the ladder with a $10.96 minimum but is only 4 cents […]

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Municipalities Should Focus on Why over How Much

The Ontario legislature is considering ways to reduce municipal insurance premiums; unfortunately, it may be at the expense of your legal rights. Recently, Julia Munro, PC MPP for York Simcoe, stated that “medium-sized municipalities, similar to the town of East Gwillimbury . . . have seen an average increase of 35% in liability insurance premiums.” Provincial politicians are looking at using legislation to limit compensation for victims of municipal negligence. Currently, the legal rule of joint and several liability allows […]

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Ontario Court Looks at Private Facebook Photograph Rules

Personal Injury lawyers may want to change their Examination for Discovery strategy based on the following new cases: Stewart v. Kempster, 2012 ONSC 7236 and Garacci v. Ross, 2013 ONSC 562. Both cases suggest that plaintiffs may not have to disclose their private Facebook photographs even if there is a claim for pain and suffering or loss of enjoyment. The Stewart case noted that the disclosure standard has increased from the “semblance of relevance” test to the stricter “relevance” test. […]

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Humpty Dumpty’s Philosophy on Compensatory Damages

Victims get compensatory damages in order to return them back to the same position they were in before the injury. This basic Tort law concept is taught to law students – and it is wrong. Often, victims cannot “return” to their pre-injury condition. The nursery rhyme of Humpty Dumpty shows my point. Humpty Dumpty was an egg who fell off a wall. He broke his shell so badly that none of the king’s horses or the king’s men could fix […]

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Ontario Court of Appeals Gives Clarity to “Catastrophic Impairment”

The Ontario Court of Appeals recently clarified the meaning of “catastrophic impairment” under Ontario’s Insurance Act. In Pastore v. Aviva Canada Inc., Mrs. Anna Pastore was a pedestrian who suffered a lot of pain because a car hit her.  Mrs. Pastore applied for enhanced accident benefits due to her catastrophic impairment.  Her insurance company, Aviva Canada Inc., argued they did not have to pay her enhanced benefits because her injuries did not meet the definition of “catastrophic impairment.” The Ontario […]

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Ontario’s Superior Court Certifies Class Action Against Rail Companies

The Toronto Star reported that Via Rail’s derailed train victims can proceed with a class action lawsuit against Via Rail and CN Rail.  The victims claim that their train was derailed because it was going over 100 km/hr in a 25 km/hr zone.  As a result, the accident killed 3 engineers and injured 45 passengers. Here is a link to the article: http://www.thestar.com/news/gta/article/1281195–ontario-court-gives-green-light-to-class-action-over-via-derailment

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Law Society of Upper Canada Looks at Articling Reform

As a Canadian studying at an American law school, I envy my American classmates who can sit for the bar after graduation.  Generally, future Canadian attorneys have to complete a 10 month articling position – similar to an apprenticeship.  In the past, this 10 month apprenticeship helped graduates transition into the practice of law.  Recently, the shortage of articling positions has begun to act as a barrier to the profession.  The Toronto Star reported that the Law Society of Upper […]

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Monster Energy Accused of Causing Teen’s Death

Caffeine is fuel that runs law students.  Personally, I enjoy a cup of black coffee in the morning.  I’ve never been a big fan of energy drinks but they are definitely popular around campus. Recently, the New York Times reported that a mother, Wendy Crossland, filed a lawsuit against Monster Energy for causing her 14-year-old daughter’s death.  The young girl drank the company’s energy drinks over two days and suffered a heart arrhythmia.  The mother’s products liability lawsuit is based on the theory […]

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