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Employers in Ontario will need to reconsider the manner in which they handle workplace issues involving disability management and human rights litigation after the Ontario Divisional Court recently upheld the 2012/2013 decision of the Ontario Human Rights Tribunal in Hamilton-Wentworth District School Board v. Fair, wherein the tribunal ordered Sharon Fair be reinstated into suitable alternative employment with her previous employer after approximately a decade had passed since her dismissal. This was in addition to the tribunal employing its power to order approximately a decade of back wages from June 26, 2003 (the date an accommodated/alternative position was available for the applicant to return to), to the date of reinstatement.b_150_0_16777215_00___images_stories_01-CANADIANLawyer_2014_Michael_Stitz.jpg
Monday, 10 November 2014 00:00

Trial by Fire: Correcting the record edition

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Last month I had the pleasure of attending The Advocates’ Society fall forum for litigators under 10 years of practice. This year’s theme was profile building, and social media was a regular topic. Several senior lawyers and judges reminded us that the Internet is forever — a fact that haunts me every time I think about the Trial by Fire columns I have written over the past three years. b_150_0_16777215_00___images_stories_01-CANADIANLawyer_Columnists_LIndsay-Scott14.jpg
Monday, 10 November 2014 00:00

A strong case of reasonable doubt

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A common argument from supporters of capital punishment is that it should only be imposed when we’re absolutely certain the condemned person indeed committed the horrible crimes of which he was accused. And if there were indeed a way to be 100-per-cent sure a person found guilty of murder was indeed guilty, I might be more sympathetic to this argument. I do believe there are some crimes so ghastly that the penalty of death is justifiable.
The Lynching of Peter Wheeler, by Debra Komar, Goose Lane Editions, 2014, pp. 346, $19.95
The Lynching of Peter Wheeler, by Debra Komar, Goose Lane Editions, 2014, pp. 346, $19.95
Friday, 31 October 2014 12:43

Curating your contacts: plan and action

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b_150_0_16777215_00___images_stories_01-CANADIANLawyer_Columnists_Simone_Hughes-1.jpgIn my September and October columns, I have been helping you become a lifelong “contact curator.”
We are very fortunate in Canada that the class action bar — both plaintiff and defence — is relatively small and most of the major participants are well known to each other. In typical Canadian fashion, we adhere to a code of the highest integrity both in our representations to the court and in our dealings with opposing counsel. The instances where the court has reprimanded counsel for shoddy work or inappropriate conduct are exceptional. b_150_0_16777215_00___images_stories_01-CANADIANLawyer_Columnists_Margaret_L_Waddell.jpg
b_150_0_16777215_00___images_stories_01-CANADIANLawyer_2014_October_Making_Rain_56.jpgIn this month’s Making Rain, executive coach Debra Forman discusses addressing the elephant in the room. To lead successfully, you must guide, control and manage how you typically react and perform; avoiding tough issues means you have no control of the outcomes.
Monday, 27 October 2014 08:00

De novo certification hearings on appeal

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b_150_0_16777215_00___images_stories_01-CANADIANLawyer_Columnists_kirkbaertnew2013.jpgIn August, the Ontario Divisional Court released its decision in Sherry Good v. Toronto Police Services Board, in which it found the elements required for certification had been met on appeal, reversing an earlier certification refusal in these G-20 class actions. This is despite the fact “[t]he proposed class action, as presented on this appeal, was markedly different from the proposed class action that was considered by the motion judge.”
Monday, 27 October 2014 08:00

Showing leadership on a divisive issue

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b_150_0_16777215_00___images_stories_01-CANADIANLawyer_Columnists_tonywilson.jpgThere’s a wonderful scene in the third season of Sherlock, where Benedict Cumberbatch, playing Sherlock Holmes, explains to Phillip Anderson, a Scotland Yard forensic expert, how the BBC’s favourite sleuth faked his own death.
Monday, 27 October 2014 08:00

Communication, communication, communication

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b_150_0_16777215_00___images_stories_01-CANADIANLawyer_Columnists_Stephen-Mabey-2013.jpgThe recent CBA Futures Report, “Transforming the Delivery of Legal Services in Canada,” identified the following deliverables that clients were looking for from their lawyers:
Monday, 20 October 2014 10:31

Gear, gadgets & more: part 1

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As lawyers, it is important we keep up with trends in technology, particularly if we want to use technology to better serve our clients and help manage our practice. However, technology is also a rapidly changing area that requires periodic updates on where it sits now, and where it is going.
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