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Connection between Human Rights Law and Pregnancy

The Canadian Human Rights Act proscribes any kind of discrimination with regards to pregnancy. Pregnancy-related inequity is considered a type of gender discrimination because only the female gender can conceive and carry a child. Unfair practices towards pregnancy like ill-treatment, denial to employ or endorse, dissolution of employment, or provocation and harassment, are all against the law under the above lawful act. Pregnant women should be able to enjoy the fundamental human rights in the workplace encouraging equality of opportunity […]

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Can a Negative Employment Reference be Considered Defamation?

A letter of reference from a previous employer usually plays the key role of a determinant of whether the candidate in consideration will bag the job he or she really wants. This is the most prevalent method for recruiters to get an elaborate understanding of a candidate’s potential and to authenticate all the information given by the candidate in the hiring process. Similarly, a negative reference reduces the chances of the candidate to get the job offer and may end […]

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Your Rights on Medical Leave

Everyone gets sick at some time or another, and you shouldn’t have to be worrying about your job when you’re trying to get over a serious illness. That’s why Canadian law provides employment protection for workers on medical leave, and it’s important that you know your rights in what can be a stressful and difficult time. Job Security As a general rule, your employer can’t fire you for being off work because you’re sick or injured. That’s not the same […]

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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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