OBA.org - Articles 2021

Labour Market Impact Assessment: Ten Recruitment Tips for Preparing a High Wage LMIA Application

April 27, 2020
Yomna Khatib, senior associate at KPMG Law

A summary of ten tips for the recruitment stage of high wage LMIA applications to maximize the likelihood of success.

Action for Constructive Dismissal as a Result of Workplace Harassment Statute-Barred by WSIA

April 27, 2020
Hossein Moghtaderi, Hicks Morley Hamilton Stewart Storie LLP

The Workplace Safety and Insurance Appeals Tribunal has held that a civil action for constructive dismissal based on alleged workplace harassment and bullying was statute-barred under the Workplace Safety and Insurance Act and could not proceed.

Supreme Court of Canada Clarifies Federal Employers’ Workplace Inspection Obligations

April 27, 2020
Christopher Pigott, Rachel Younan, and Jessica Nolan, Fasken

Federal employers are required under Part II of the Canada Labour Code to ensure that a workplace health and safety committee or representative inspects the work place annually. In 2017, the Federal Court of Appeal decided that duty may extend to locations that the employer does not control. A recent Supreme Court of Canada decision has clarified the scope of this duty.

Litigating Workers' Compensation Issues Outside of the WSIB and WSIAT

April 27, 2020
Carissa N. Tanzola, Filion Wakely Thorup Angeletti LLP

Can workers' compensation issues be litigated outside of the WSIB and WSIAT? In most cases, the answer is "no."

A Legal Counsel’s Observations on Work from Home Etiquette

April 27, 2020
KJ Chong, legal counsel, BroadGrain Commodities Inc.

A legal counsel shares her observations and suggestions about work from home etiquette, particularly as organizations ramp up work from home arrangements in the age of the COVID-19 pandemic.

Decision Tree Analysis of a Wrongful Dismissal Action

April 27, 2020
Barry B. Fisher LL.B., mediator and arbitrator

Decision Tree Analysis is simply a process of analyzing an issue on a step-by-step basis while applying the principles of probability.

The Intersection Between Real Estate and Family Law With Respect to Selling the Matrimonial Home

April 27, 2020
Katie Hunter, Krol & Krol Professional Corporation

The author discusses certain family law legislation (particularly the Family Law Act and the Partition Act) and legal principles when their clients are selling the matrimonial homes during a split, including when both spouses are on title and when only one spouse is on title.

Challenging Fundamental Attribution Error in Mediation and Everyday Life

April 26, 2020
Sina Hariri

There are two kinds of attribution that we apply every single day: dispositional attribution, and situational attribution. The former is when we view an internal characteristic such as a personality trait, as the explanation for behaviour. We do this often with other people. The latter is when we view situations, circumstances or environmental factors outside our control as an explanation for behaviour. We do this often with ourselves. How does this impact mediation and everyday life?

Access to Justice in the Time of COVID-19: Lessons from Classical Antiquity

April 23, 2020
Megan Hodges, Blaney McMurtry LLP

A judicial system that cannot hear cases and deliver fair, decisive, and timely results weakens social bonds and can sow distrust and disfavour of the government. What can lawyers and litigants do to help?

Court of Appeal Summaries (April 13 – 17, 2020)

April 23, 2020
John Polyzogopoulos

There were five substantive civil decisions released by the Court of Appeal for Ontario this week.

Tracking Preferences

Articles 2021