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Published on: 14 Mar 2012 By

Temporary Layoffs – Another Lesson for Unwary Employers

In July 2011, I posted a blog on Temporary Layoffs – A Lesson for Unwary Employers.   Since then, on December 23, 2011, the Ontario Court of Appeal released an important decision dealing with temporary layoffs. This decision can be found at Elsegood v. Cambridge Spring Service (2001) Ltd. Th…

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Published on: 22 Feb 2012 By

WSIB benefits for traumatic mental stress: There’s good news and …

You may think that the WSIB pays benefits to a worker for traumatic mental stress only in situations where the worker was involved in a situation perceived as or actually life-threatening. And you would have been right until recently, when the Workplace Safety and Insurance Board Appeals Tri…

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Published on: 14 Feb 2012 By

Independent Contractor: To Be or Not to Be – That is the Question

As an employment lawyer, I am often approached by clients on the issue of “independent contractors versus employees”. Corporate clients look to use independent contractors, rather than employees, to perform work more cheaply and with more flexibility – without costs such as CPP, EI, EHT, WSI…

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Published on: 24 Jan 2012 By

Important New Privacy Ruling: What on earth is “intrusion upon seclusion”?

I’ve often said that my job is mostly about people behaving badly at work, so the fact situations underlying the cases I read are often all too human in nature.  Consider the case of Winnie, who was fighting with her common-law husband about money. She wasn’t convinced he was actually paying…

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Published on: 6 Jan 2012 By

2012 begins with much-needed clarity from the Ontario Human Rights Tribunal

It’s a Happy New Year indeed for labour/employment lawyers and their clients, who now have clear direction from the Ontario Human Rights Tribunal on the thorny issue of when duplicative litigation will be permitted (or not!) before the Tribunal. Previously, the Tribunal had issued conflictin…

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