PRIVACY POLICY
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BIRD RICHARD
508-130 Albert St,
Ottawa, Ontario
K1P 5G4
T: 613-238-3772
F: 613-238-5955
DISCLAIMER
Before you send an e-mail to Bird Richard, please be aware that your communications with us through this message will not create a lawyer-client relationship with us. Do not send us any information that you or anyone else considers to be confidential or secret unless we have first agreed to be your lawyers in that matter. Any information you send us before we agree to be your lawyers cannot be protected from disclosure.
New Act Limits Police Record Checks Disclosure and Standardizes Procedures
/in Summer 2016 /by BirdRichardOn December 1, 2015, the Government of Ontario passed Bill 113, the Police Record Checks Reform Act, 2015. The Act, which is not yet in force, states what information can be released through police record checks and creates uniformity in disclosure procedures. Consequently, individuals and organizations seeking to obtain police record checks will only be […]
ORPP Cancelled in light of Agreement in Principle to Enhance CPP
/in Summer 2016 /by BirdRichardBill 186, Ontario Retirement Pension Plan Act (Strengthening Retirement Security for Ontarians), 2016 received Royal Assent on June 9, 2016. The purpose of the Ontario Retirement Pension Plan was to be a provincially-managed pension plan aimed at providing retirement income to employees without pension plan options at work. On June 20, 2016, Ontario Finance Minister […]
Ontario to Raise Minimum Wage
/in Summer 2016 /by BirdRichardThe Ontario government announced that the general minimum wage will be raised from $11.25 to $11.40 on October 1, 2016. The minimum wage rates for liquor servers will increase from $9.80 to $9.90 per hour. This raise, the tenth since 2003, maintains Ontario’s minimum wage as the highest of any province in Canada. Minimum wage […]
Beware the Fixed Term Contract
/in Summer 2016 /by BirdRichardIn Howard v Benson Group Inc., the Ontario Court of Appeal concluded that employees employed under a fixed term contract that does not provide for early termination without cause, are entitled to payment of the unexpired portion of the contract upon early termination of the contract. The Court of Appeal also stated that the duty […]
Firm Announcement
/in Summer 2016 /by BirdRichardThe Firm welcomes our new Summer Student, Alexandra Callinan. Alexandra will be entering her second year in the University of Ottawa’s Common Law Program this fall.
Employers to Accommodate Employees who Have Experienced Sexual or Domestic Violence
/in Summer 2016 /by BirdRichardThe Domestic and Sexual Violence Workplace Leave, Accommodation and Training Act, 2016, or Bill 177, had its second reading on March 10, 2016 and is currently being considered by the Standing Committee on Justice Policy. If passed, the Bill will: Amend the ESA to include definitions of “domestic violence”, “intimate partner”, and “sexual violence.” Require […]
Employer is Appealing $104,000.00 Award to Constructively Dismissed Employee
/in Summer 2016 /by BirdRichardOn March 14, 2016, Ms. Esther Brake, a 20 year employee of a McDonald’s franchise, was awarded pay in lieu of notice equivalent to 20 months remuneration totaling $104,499.33. Ms. Brake was put on McDonald’s progressive discipline program and ultimately told that she failed the program and had to “take a demotion or go.” Ms. […]
AODA Update: Amendment to Reporting Requirements for Small Organizations
/in Summer 2016 /by BirdRichardEffective July 1st, 2016, small organizations with more than 20 employees, but less than 50, are required to submit accessibility compliance reports with respect to customer service under the Accessibility for Ontarians with Disabilities Act. Prior to this amendment, these organizations were exempt from the requirement to file accessibility reports all together. Please note that […]
Employers Entitled to Dismiss Probationary Employees without Notice or Reasons
/in Spring 2016 /by BirdRichardThe Divisional Court of Ontario has recently confirmed that an employer may terminate a probationary employee during the probation period, provided it acts in good faith in determining the employee’s suitability and ability to fulfill the requirements of the job. In Nagribianko v. Select Wine Merchants Ltd., the employee had entered into an employment agreement […]
Project Manager Sentenced to 3.5 Years in Deadly Swing Stage Collapse
/in Spring 2016 /by BirdRichardIn our Winter 2014 Newsletter, we reported on the four counts of criminal negligence causing death and one count of criminal negligence causing bodily harm that had been laid against Metron Construction Corp., its owner, a supervisor, and a project manager. The charges arose from an incident in which five workers employed by Metron fell […]