Author Archive

  • Employment Accessibility Standard Coming to Ontario

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    The recently released Final Proposed Employment Accessibility Standard for the AODA will have a significant impact on every employer in Ontario. The goal of the Accessibility for Ontarians with Disabilities Act, 2005 (AODA) is to make Ontario accessible to people with disabilities by 2025, to be achieved by

    “developing, implementing and enforcing accessibility standards in order to achieve accessibility for Ontarians with disabilities with respect to goods, services, facilities, accommodation, employment, buildings, structures and premises on or before January 1, 2025.”

    The Accessibility Standards for Customer Service, Ontario Regulation 429/07 was the first standard to become law, on January 1, 2008.

    The AODA is the first law of it’s kind in Canada and is similar to the Americans with Disabilities Act in the US.  Though not yet law, if adopted in the current form, the act will have a significant impact on every employment related practice from recruitment to termination.

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  • The Rules for Wrongful Dismissal Claims are Changing

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    Detail of exterior of courthouse

    Over the past few years I’ve read many articles regarding the inability of the average person to receive justice in the Canadian Courts due to the tremendous expense and risks associated with actually pursuing legal action; regardless of the merits of the case.  This is no less a factor in the area of wrongful dismissal.

    Most lawyers are reluctant to work on a “contingency basis” and since terminated employees are normally out of work and reluctant to commit the funds necessary to conduct a wrongful dismissal suit, many cases are not initiated, regardless of the facts. The increased potential for legal action against employers will likely change significantly as a result of the Provincial Government’s efforts at improving the average individual’s access to justice.

    On Jan. 1, 2010, the most dramatic changes to the rules of court since 1985 will be implemented.  These rules will disable three of the most valuable weapons in employers’ litigation arsenal– costs, complexity and delay.  This is according to a recent article by Howard Levitt in the Financial Post.

    » Read the rest of the entry..

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