During the pandemic, businesses and organizations in the CKL are exploring new, online delivery and operations. With this new way to do so business, the risk of privacy and data breach increases. Every business should have a privacy breach protocol policy, for example, delineating the steps that will promptly be taken in the event of […]
What happens when a person in Ontario becomes disabled or incapacitated, to the extent that the person cannot make decisions about his or her own health care or treatment? In short, someone else is authorized or appointed to make those decisions for the incapacitated person, subject to certain rules and duties imposed by law. However,
In Ontario, unlike any other jurisdiction to my knowledge, we’ve made the act of saying “sorry” part of our legal system, for which there are legal ramifications, both for saying it and for not saying it. In fact, we’ve made it legislation; namely, Ontario’s “Apology Act” (the “Act”). This is uniquely an Ontario-only legal initiative.
The Occupational Health and Safety Act of Ontario statutorily mandates that Ontario employers must take every precaution, reasonable in the circumstances, for the protection of any worker. This is often referred to, legally, as every employer’s “general duty” in the workplace. So, what does that mean? In Ontario, what is required is interpretative, ultimately; namely,
EMPLOYERS HAVE A DUTY TO PROTECT WORKERS FROM HARM, NOT ONLY PHYSICAL Read More »
There has been a very important development in Ontario privacy law recently, further protecting an individual’s protection from online attacks and predatory behaviour. In this family law case, the father had posted on social medial negative and highly personal information about the children at issue, in addition to engaging in a social media-driven smear campaign
Commonly employers use contracts to try to limit an employee’s entitlements upon termination (for any reason) to only those statutory minimums mandated by Ontario’s Employment Standards Act, 2000, rather than the so-called one-month-notice-per-year-of-service rule of thumb often adopted by lawyers and the Court. Judges tend to scrutinize these efforts fairly closely. Over the past year,
I SIGNED AWAY MY RIGHTS WHEN I TOOK THIS JOB – CAN I GET THEM BACK, PLEASE? MAYBE. Read More »
Having a dispute with your neighbour? Well, before you call your lawyer, think about this well-known (at least in legal circles) decision by the Court about feuding neighbours taking up valuable and limited judicial resources. The Case: Morland-Jones v. Taerk, 2014 ONSC 3061 (CanLII) The Dispute: Neighbours. Mutual allegations about family pets, profanity, disturbing the peace
FIGHT WITH YOUR NEIGHBOUR? THINK TWICE BEFORE AIRING IT OUT IN THE COURT Read More »
What would I advise the (former) Royals about the paparazzi if they were living in our province? Ontario allows a person to sue another for damages for invasion of privacy. This has not always been the case – it is a fairly new development in Ontario. Many assume a right to privacy, but only recently
There have been important developments recently regarding claims arising from alleged workplace harassment, bullying and toxic work environment, as prohibited by Ontario’s Human Rights Code and the law generally. In a recent decision by Ontario’s Workplace Safety and Insurance Appeals Tribunal (the “Tribunal”), the employee commenced a lawsuit against her former employer and claimed
Increasingly businesses (and employers) and public organizations deploy and use ever-improving surveillance technology, including workplace audio and video recording. Ontario law has remained vigilant and watchful, attempting to balance legitimately held privacy expectations for everyone against unreasonably invasive privacy intrusion, particularly to foster security, safety and legitimate business or public interests. In an important,
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