Mediation helps lawsuits

Mediation and civil lawsuits 

If it’s one thing I have learned in my ten years as a lawyer. Litigation is useless.

There are certainly situations where it is necessary. However, in the vast majority of situations litigation is often time consuming and expensive with little results.

This is why our civil justice system has many built in mechanisms for alternative dispute resolution or often more commonly referred to as mediation.

Mediation has proven over and over again to be an effective tool in a variety of litigation cases.

Whether it’s family law, contract law, employment law the alternative dispute resolution and mediation process helps the parties.

Parties can agree to keep their costs reduced by selecting a mediator that is both experienced, efficient and mindful of expenses.

The most important quality to look for in a mediator is real life court room experience.

Contact a Burlington mediator today to learn more.

Burlington Lawyer says Federal government needs to say something about weed.

Have you been charged with possession of marijuana? 

Some have taken it upon themselves to start distributing marijuana through dispensaries or store fronts in Toronto.

It was recently reported that The Good Weeds Lounge in Toronto was raided by Toronto police in January 2016 and charged its owners with trafficking and possession.

Since, that time the owners of the lounge have posted a response.

weed

Weed

While they state they are back in business they will not be selling marijuana. However, you can come in with your own marijuana and consume it.

Toronto police maintain they raided the storefront based on complaints. Let’s be clear the police obviously knew what was going on.

Blame for this incident should fall squarely on the new federal government. It is still a criminal offence to be in possession of marijuana. Unless, it is for medicinal purposes.

However, the new federal government campaigned on the promise of legalizing or decriminalizing marijuana. The Prime Minister of Canada has made his views and his own personal experience with marijuana very clear.  As a result, the government should not be surprised that people are tired of waiting.

At minimum the government should be providing advice and or guidance to law enforcement and the judiciary in how to deal with this issue.

It seems that local municipalities such as the City of Toronto have no real position when it comes to marijuana dispensaries.

In any event, its high time the federal government intervene and provide the public as a whole with assistance with this issue.

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Call our law office today to speak with one of our Burlington Criminal Lawyers.  We provide criminal law services in Halton and Burlington. 

PH: 416-505-4901

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Halton Lawyer | CONS – WORKING FROM HOME

Is working from home a good idea? 

My previous posts about this topic can be found here:

Burlington Lawyer | PROS – WORKING FROM HOME

Halton Lawyer | CONS – WORKING FROM HOME

 

I remember working at a law firm where some clerks had the option of working from home. There use to be one particular clerk who just a few minutes prior to 9 would send out a mass email advising, "I am working from home."

It turns out she wasn't doing much.

I previously discussed the positive aspects about working from home. Now I would like to discuss the cons.

One of the most significant issues in working from home is tracking employee productivity.

Working from home

Working from home

Some suggest this is a managerial issue. In that, a good manager will be able to identify slackers and or motivate employee productivity.

I am always amazed when I see so many folks wandering around on a weekday. I often think to myself, whether these people have jobs. So often I find out, they work from home.

Should an employer simply be prepared for the fact that their employee might be participating in a conference call while sitting at the park watching their kids play on the swings? When contacting an employee via email or phone should there be an instantaneous response?

What about the employee that is working from home who ends up taking on another job? Or in some situations pursuing another business venture? What about an employee who is working from home who decides to take an on-line or in person course?

There is also the consideration of liability in that employees will no longer be in the workspace.

Again, I view the above concerns as performance issues. What about the overall social experience? Or does it even matter?

For example, an in-person meeting still means a lot depending on the subject and content of the meeting. Also, is there something to be said about knowing your fellow co-workers and employees on a more personal level? Certainly, if more are working from home there is a likelihood that people won’t get to know each other as well.

Many of us tend to make friends at work. This is through the social experience of seeing one another daily. Sharing coffee and lunch breaks and even commuting together. As a result, we swap personal stories, learn about tradition and each other’s foibles. All of this contributes to team building and relationships between co-workers.

Working from home has the potential to eliminate some of that interaction.

I am sure there are other cons to working from home. However, overall the way I see it the positive aspects of working from home seem to really outweigh the cons.

Let’s not forget effective management and technology can assist in monitoring employee behaviour. I think it also really comes down to also considering whether or not it matters when and where an employee does their work as long as it’s being done.

 

If you have any employment law questions please call to speak with a Burlington employment lawyer.

PH: 416-505-4901

901 Guelph Line, Burlington, ON 

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Burlington Lawyer | PROS – WORKING FROM HOME

Working from home is good 

My previous discussion about working from home can be found here.

People are living farther and farther away from work. Often this is due to the high cost of homes and or a preference in lifestyle. Longer commute times can attribute to employee tardiness and overall performance. If an employee is commuting for an hour, it wouldn’t be surprising to find they are tired at the start of their shift. Working from home can alleviate some of these issues.

Toronto Lawyer says working from home is not always great

Toronto Lawyer says working from home is not always great

For the employer there is a potential that the employee might end up using their commute time to do work. The employee wandering over from their bedroom to their computer terminal at home would certainly not be as exhausted as battling morning rush hour traffic. Not to mention, many employees on finally reaching the office will often opt for hitting up the coffee machine. Thus, more time wasted. After that, many employees will often check their email, Facebook, Twitter etc.

Weather is also a significant factor when reviewing employee performance. Especially, in colder climates such as Canada. Even a small predicted snow storm can delay an employees’ commute time extensively.

Not to mention, employees will want to beat traffic on the way home and could opt for wanting to leave earlier.

All of the above directly affects employee performance.

Another positive aspect of working from home is the reduction of real estate costs for the employer. Smaller employers could easily manage a business with smaller and more cost efficient office space. It’s no surprise that virtual business stations are becoming more and more popular. The need for an actual physical space is no longer a necessity.

With the reduction in costs the employer could provide employees with additional tools to assist them. For example, purchasing high powered scanners, subsidizing an employees’ internet or administrative costs. Even if the employer was to provide these subsidies it would still be nothing compared to paying a monthly commercial lease for a large space.

Employees working from home could save in vehicle maintenance and fuel costs, clothing costs, childcare and even food. Employees and employers could consider these savings when discussing salary.

Both employers and employees would also benefit from sick days. An employee working from home might not require sick days or a full sick day. Perhaps, the opportunity to get some rest in the morning allows for them to work more productively later on. More importantly, could working from home even result in healthier employees physically and mentally? Imagine, not having to scrape the ice off your windshield in minus 20 weather. Instead, relaxing from home with comfortable clothing and a soothing ambience. Not to mention the stress associated with having to attend work on time. Could this lead to reductions in employee claims as per an employers’ insurance group plan?

Overall, it seems that working from home has tremendous benefits to both the employer and employee.

If you have any employment law questions please call to speak with a Burlington employment lawyer.

PH: 416-505-4901

901 Guelph Line, Burlington, ON 

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Toronto Employer Lawyer questions those who work from home

Employer Lawyer: Working from home

Recently, a Toronto employment lawyer commented on a talk radio segment that he questioned the legitimacy and or honesty of people working from home. I can’t say I disagree with him. However, one caller commented that lawyers often only see the bad side of things because that’s when we are called. I can’t say I disagree with this either.

Optimists and HR consultants theorize that given the high cost of real estate and worker productivity more employees could be shifted towards working from home. Can we imagine the year 2025 walking into the headquarters of a major corporation such as Microsoft and finding only one large reception area and everyone working from home?

More organizations are opting for employees working from home and having in-person meetings at virtual spaces or even coffee shops.

However, does working from home encourage people to goof off? I am always surprised when I see so many of my own neighbours wandering around on a Monday morning at Walmart shopping when they should be at work. Their answer is, “I am working from home as long as I get my work done the company doesn’t mind.” I spoke to one individual who travelled with his family to Florida for vacation. He said, he did not take it as vacation time because he worked while he was down there from his computer. He also said, his company was fully aware that he would be in Florida and not take the time as vacation time.

So then, who really cares? Obviously, there are still many jobs where working from home is simply not an option. However, if it doesn’t matter when or where the job is done, why is this an issue?

In the following two posts I will talk about the pros and cons of working from home.

Burlington Lawyer | PROS – WORKING FROM HOME

Halton Lawyer | CONS – WORKING FROM HOME

If you would like to speak with a Burlington employment lawyer please call:

PH: 416-505-4901

901 Guelph Line, Burlington, ON 

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Bill Cosby and the Full and Final Release

“I was confident that I had made her a millionaire.” Those are the words of the original Bill Cosby prosecutor in reference to the 2005 civil suit.

A few days ago I wrote about Bill Cosby and our difficulty in separating fact from fiction. You can find the post here.

Today, I would like to talk about a full and final release in the context of Bill Cosby’s 2005 civil law suit.

It’s likely that when Mr. Cosby was sued by the complainant they would have executed a full and final release. This is an agreement between the parties based on mutual negotiated terms to settle the lawsuit.

Lawyers representing

Lawyers representing

In this situation parties such as the plaintiff and defendant are represented by their lawyers and they are advised as to the terms of settlement. A good lawyer will provide his or her opinion and ensure that neither party is under any duress or undue influence.

The point being, that the complainant in Mr. Cosby’s case would have signed some type of final release. Common conditions in a release include, ending the lawsuit for compensation and keeping the contents of the settlement private. Lawyers have the option of inserting anything as long as the parties agree.

Another common provision is that neither the plaintiff nor any affiliates would be entitled to start a lawsuit against that same defendant for that particular matter.

Today, many lawyers will include provisions about not discussing the lawsuit or anything related to it in public or social media.

Given, Mr. Cosby’s popularity it’s likely that the complainant would have agreed to similar terms. It’s also the reason she has remained silent despite being hounded by the media. I recall a statement from the complainants’ lawyer referencing privacy issues based on the civil settlement.

Although, court documents are public documents transcripts from depositions are not. It’s almost implicit when settling a lawsuit to ensure that everything is sealed to some extent. It’s also very very likely that Mr. Cosby’s lawyers back in 2005 would have not wanted the transcript to go public. The complainant accepted compensation for agreeing to the terms.

Today, it is that transcript that is now being used to prosecute Mr. Cosby.

Will the complainant have to testify? If she does, is she then in violation of the settlement? If so, will she have to pay the settlement back?

Moreover, if the parties pursuant to contract law with legal representation entered into this settlement. It seems highly unfair for a judge to intervene in any such agreement by releasing the transcript.

As a rule of thumb it’s probably wise that today’s lawyer starts to incorporate more stringent conditions into their full and final release when settling lawsuits.

Call our Burlington law office  at 416-505-4901 to speak with a Halton lawyer.

We are located at: 901 Guelph Line, Burlington, Ontario