Serious insight for serious situations.

Serious insight for serious situations.

Insights

Reflections and news direct from Rubin Thomlinson.
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I’ve won the lottery!

Ok, not literally.  But if you have kids who have gone to overnight camp, you know what I mean – it’s like being at adult camp.  And this year, my kids decided that they wanted to go for the whole summer!  When I share this with people and see the corresponding looks on their faces,

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Privacy breach by employee could have price tag for employer

A recent certification of a class action in the case of Evans v. Bank of Nova Scotia highlights the potential liability that Ontario employers can face for privacy breaches by their employees. Two years ago, the Ontario Court of Appeal (in the case of Jones v. Tsige) recognized the tort of intrusion upon seclusion in

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“One of these days, someone is going to knock that attitude out of you!”

The Human Rights Tribunal of Ontario, in a decision dated September 5, 2012, found that Paul Lombardi had suffered harassment in the workplace and that his dismissal from employment due to fighting was discriminatory. The Ontario Divisional court in Walton v. Lombardi, 2013 ONSC 4218 set aside that decision. The Court ruled that there was

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Nova Scotia Leon’s learns lesson: How not to investigate

“I cannot reasonably conclude that an investigation conducted by a manager who has been in a romantic relationship with the Complainant is reasonable or appropriate in these circumstances.” That is just one of the investigation flaws found by NSHRC Chair, Kathryn Raymond, in the matter of Cromwell v. Leon’s Furniture Limited in a decision rendered

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Landmark LGBT legal moments – World pride edition

As Toronto continues to host the world for this year’s World Pride celebrations, I thought it was a good time to look back at some of the landmark legal moments involving, and impacting, members of the LGBT community. 1. Criminal Code Amendments (1969) On May 14, 1969, Omnibus Bill C-150 passed third reading in the

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“Help! The World Cup is turning my employees into crazy people!”

If you’ve seen photographs or video footage of the home town crowds watching World Cup games in this tournament so far, then you might be asking yourself, “Don’t these people have jobs?” The fact is, many of them do and at least some of them are likely skipping out on those jobs in order to

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Playing nice: How to avoid punitive awards

My mother always told me to play nice. I recall that simple but sage advice when I encounter employers behaving badly (“EBBs”, as I call them). EBBs are employers that act without regard to: a) basic employer obligations, and/or b) common decency vis-à-vis their employees. As revealed by the case law over the years, the

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B.C. Human Rights Tribunal tackles complainant credibility

The extent to which an investigation report must be disclosed is not yet a settled issue in the case law. While solicitor-client privilege is at times used by lawyers to withhold reports from the parties, a recent decision from British Columbia’s Office of the Information and Privacy Commissioner (the “IPC”) has now added privacy legislation

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