Month: June 2011

A recent decision in British Columbia held that a partner in a law firm can be considered to be an employee. The lawyers weekly reported:

Canadian law firms could be examining their partnership agreements exposure under human rights codes after a B.C. Supreme Court recently upheld a provincial Human Rights Tribunal (HRT) decision that a partner was an employee under the province’s code.

The partner was challenging the firms mandatory retirement policy. The partner alleged age discrimination.

The complete story can be found by clicking the link A law firm partner is an ‘employee,’ says BC court.

Citypulse reported today:

Man fined for travelling with blow-up doll in HOV lane

Why won`t you take my case for free?

Many people ask why they might have to pay for legal services versus the lawyer taking their fees after a case has settled.

See my previous posts specifically, personal injury lawyer contingency arrangements and working with a lawyer.

It`s a lawyers discretion as to whether they want to take your case or not on a contingency basis. Most lawyers will assess the case determine if there are merits to the claim and then make a decision as to whether they want to proceed with the file.

When a personal injury lawyer decides to take a case on a contingency matter he or she is investing a great deal of professional time, expertise and of course money. That means that the lawyer wants to be sure the case they are taking on is worth it. The lawyer just like the client might not see a dime for quite some time. The difference is that the lawyer will continue to push the claim forward and finance it.

In a situation where a personal injury lawyer does not want to take a case on a contingency basis they might request an hourly rate.

Most lawyers will accept injury lawsuits, car accident claims, slip and fall accidents , product and food liability claims on a contingency basis. Most lawyers will probably not take on a small claims court or general litigation matter on contingency.

If you require legal services ask the lawyer how they bill for fees and keep in mind how a contingency arrangement works.

Safety in the workplace is important. This is why in Ontario we have two statues of relevance. The Occupational Health and Safety Act, is designed to ensure a safe and healthy workplace and to prevent work related accidents including disease.

The Workplace Safety and Insurance Act, is a compensation system that also provides for rehabilitation of workers who have been injured or who have succumbed to a disease related to the workplace.

These current laws have strict requirements that employers must satisfy. If they don`t they can be found to be in non-compliance.

Safety and health within the workplace should always be a top priority largely because of the increased numbers of on the job accidents but to also avoid any potential claims.

If you think you have a claim call my office today.

U.N. Report Declares Internet Access a Human Right | Threat Level | Wired.com http://www.wired.com/threatlevel/2011/06/internet-a-human-right/

Some employment contracts will include restrictive covenants also referred to as non-compete clauses. Usually, non-compete clauses will attempt to restrict the employee on termination or during the term of employment from soliciting company employees or its customers.

The non-competition clause might restrict an employees ability to work at another company within the same industry. Or, non-competition clauses might attempt to restrict the employee from discussing or disclosing confidential company information.

There are obvious reasons why an employer would want to ensure their interests are protected. However, courts frown upon non-compete clauses since they restrict trade. Generally, a court will examine the clause to determine whether it is reasonable or not in the circumstances and whether it goes beyond what is necessary to protect its legitimate interest.

Yesterday I posted a blog entry about the Ontario Human Rights system in Ontario. Employers are not permitted to discriminate against people pursuant to the categories listed in section 5 of the Ontario Human Rights Code.

However, there are certain exceptions. These exceptions depend on a number of factors outlined within the Code, specifically, section 24(1)(a) to (h).

Speak to a lawyer that understands the Ontario Human Rights Code, you want to ensure that the alleged discrimination does not fall under section 24(1) to (h).