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Serious insight for serious situations.

Serious insight for serious situations.

Insights

Reflections and news direct from Rubin Thomlinson.
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Trick or treat or legal issues?

Halloween usually brings out the creative side in all of us, whether through designing costumes, putting up decorations, or at times the choice of what treat to hand out to eager trick-or-treaters (I personally still recall the lady on our street who handed out a six-pack of Sprite!). Although Halloween is meant to be a

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Clear drafting: Essential to the enforceability of termination clauses

When terminating an employee without just cause, an employer is required to provide the employee with reasonable notice of the termination or reasonable payment in lieu of such notice at common law.  The length of notice can be significantly less than the common law would require provided that the parties enter into an employment agreement

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Ahh, the lure of self-employment…

According to a report released last week, more Canadians are joining the ranks of the self-employed, with self-employment climbing 3.6% in the last year. It seems that employers are reluctant to offer permanent positions and expand payrolls in times of economic uncertainty. In addition, many older workers seem to like the idea of being their

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The unintended consequence of an enforceable non-competition agreement … A Longer reasonable notice period

Employers often wish to restrict the competitive activities of an employee who is no longer in their service. However, the Ontario Superior Court case of Dimmer v. MMV Financial Inc. (2012 ONSC 7257) informs employers that where they seek to restrict an employee from engaging in competitive activity post-termination, the reasonable notice period awarded may be

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Alberta court reaffirms reasonable notice entitlements for dependent contractors

At the end of a typical employment relationship, it is not uncommon for the parties to disagree over the amount of “reasonable notice” (or pay in lieu of notice) that the employer is required to give to the employee under common law. However, in situations where an organization has retained an individual as a contractor

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High there!* Do employers need to accommodate the smoking of medical marijuana in the workplace?

As many employers already know, smoking in the workplace is prohibited in Ontario. However, with the topic of medical marijuana increasingly in the news, a question that comes to mind is: “Does this prohibition apply to the smoking of medical marijuana in the workplace?” Section 9 of the Smoke–Free Ontario Act  states: No person shall

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Interpretive dance: The modern resignation letter

Just when I think I’ve seen every possible way for social media to be incorporated into the employment relationship, one of my Generation Y contemporaries surprises me again. This time it’s a video which Marina Shifrin of New York City has used to resign from her employment with Next Media Animation. And in the past

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Ethical issues in employment negotiations: Not avoiding the unavoidable

This morning, at the Law Society of Upper Canada, I chaired a panel composed of several “well-seasoned” employment lawyers. The panel discussion was “broadcast” via teleseminar, and the five of us, plus an intimate gathering of 1500 lawyers and paralegals who gathered around their computers, delved into the ethical issues that confront us as employment

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