Custody Schmustody!

I call it the “C-Word”.  As a family lawyer, I encounter more contests over custody than perhaps any other issue.  It is also among the most misunderstood concepts in family law.  Practically like an ice cream store with 33 flavours, we encounter custody, sole custody, joint custody, shared custody, joint…

My Home – Our Castle

Most first-time clients believe that, on separation, property is divided.  For example, they assume that one-half of Husband Hugh’s bank account goes to Wife Wendy.  Or Wendy’s 2010 Mustang “half-belongs” to Hugh.  This is one of the biggest misconceptions about Ontario family law that we encounter. In Ontario, when married…

Employers are Going to have to be Flexible, The law gets serious about accommodation for employers with family obligations

As publilshed in Exchange Magazine November/December 2013  The Federal Court of Canada has confirmed it: Canadian law requires employers to accommodate the care-giving needs of employees with familial obligations to children. Canadian human rights legislation strives to ensure that people who have barriers to employment can fully participate in the…

The New Workplace in the Social Media Age Part II

In my last column I addressed employee misconduct on social media and what it would take to terminate employment for cause.  In this article I will be dealing with tips for employers in managing social media entanglements at the end of the employment relationship. We all know that social media…

The New Workplace in the Social Media Age Part I

I am part of a committee that is putting together a two day special lecture series in April, 2012 for the Law Society of Upper Canada entitled AEmployment Law and the New Workplace in the Social Media Age@. When I first was recruited to the committee I thought how would…

Frustration of Contract: And the answer is: “It depends”

As published in Exchange Magazine December 2010 One of the most difficult issues my employer clients face is managing the employment relationship with employees who have been ill and off on an extended sick leave.  I am often asked the question “At what point can they terminate the employment relationship?…

Constructive Dismissal in Downturns: An employee who sued and stayed

As published in Exchange Magazine March/April 2011 The economic downturn has lead many businesses to make difficult decisions in order to survive.  Often these decisions lead to changes in the terms and conditions of individual employment arrangements most noteably, a reduction in salary or incentive based remuneration. These changes can…

Just Cause Dismissal

As published in Exchange Magazine June 2010 The following statement was made by a judge in a  wrongful dismissal case action: “Just Cause is the Capital Punishment Crime of Employment Law.” The statement captures the serious nature in which our courts view the allegation of just cause and the tremendous…

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