Legal News &amp; Insights

Kevin Marshall

October 23, 2023

When Your Employee has a Gambling Problem

How do you know when your worker has a gambling addiction? Do workers who struggle with gambling addictions have legal protection in Ontario? What obligations do you have to these workers? What steps can you take if you suspect an employee has a gambling addiction?

2023-08-07

Employment Human Rights Personal Injury Sexual Assault

Kevin Marshall

August 7, 2023

Union Worker Options

How can I protect my rights other than through the grievance process? What can I do if my union is not representing me properly?

2023-07-12

Kevin Marshall

July 12, 2023

What to do if you have faced workplace harassment or assault

If you’ve become the victim of workplace harassment or assault, you may feel fearful and overwhelmed. Here are some practical things you can do.

2023-07-05

Employment Human Rights Personal Injury Sexual Assault

Kevin Marshall

July 5, 2023

What to do if you are accused of workplace harassment

If you’ve been accused of workplace harassment or assault, acknowledge the strong emotions you are feeling - then take positive action. Here is what you can do.

2023-01-11

Employment Long-term Disability Disability Claims Human Rights

Kevin Marshall

January 11, 2023

Are You A Worker Struggling With Gambling?

… employees and gig workers who suspect or realize they have a problem with gambling. Know this: You have rights, which grant you some protection from your employer. And you also have responsibilities to fulfill, which grant you some protection from your addiction

2022-12-05

Employment Covid-19

Kevin Marshall

December 5, 2022

Holiday Party Planning for Your Workplace

Holiday parties for your employees are great! But be aware that you, as an employer, can be held liable for what happens during the holiday party – and, in some instances, what happens after the party. Take these proactive measures when planning your staff appreciation events.

2022-11-09

Wills and Powers of Attorney Human Rights Personal Injury

Kevin Marshall

November 9, 2022

Investigating Workplace Harassment Allegations about Your Staff

How are employers to address allegations of harassment in the workplace, particularly if they involve otherwise decent and productive workers? And how can employers best address these complaints “in house”, rather than through the courts, tribunals or media?

2022-09-13

Kevin Marshall

September 13, 2022

Ten Important Things You Need to Know about Medical Assistance in Dying (MAiD)

I will provide accurate information regarding Euthanasia/Assisted Suicide (E/AS) in Canada. I hope that this information will assist you in making decisions, both now and in the future, for you and/or for your loved ones.

2022-08-04

Wills and Powers of Attorney

Kevin Marshall

August 4, 2022

The Importance of Keeping Your Will Updated

If you have signed (executed) your Last Will and Testament, congratulations! But things change. Here are 5 reasons why it’s important to review your Will every 5 years.

2022-07-08

Personal Injury Wills and Powers of Attorney Long-term Disability

Kevin Marshall

July 8, 2022

Medical Aid in Dying: Navigating the Landmines in Legal and Moral End-of-Life Issues

Now that Euthanasia/Assisted Suicide has been legalized and expanded, is it to be embraced or to be shunned? Two stories to navigate end-of-life choices.

2022-02-10

Covid-19 Employment

Kevin Marshall

February 10, 2022

Mandatory Vaccination Policies in the Workplace

Navigating the Legal and Ethical Minefields: actual impact for employers - viable but must be tailored

2021-10-28

Wills and Powers of Attorney

Kevin Marshall and Ahmed Tariq

October 28, 2021

You've Been Fired! What now?

Your employer probably has the right to terminate your employment - but, if it does, you have rights, too. Here's our 9-point checklist.

2021-10-07

Kevin Marshall & Ahmed Tariq

October 7, 2021

The Importance of Making Your Will

When you have a Will in place, you have appointed who manages your estate and made sure who inherits what.

2021-09-07

Personal Injury Insurance

Kevin Marshall and Ahmed Tariq

September 7, 2021

What To Do After a Slip & Fall Accident?

If you are injured in a slip & fall (or trip & fall) accident, here’s a checklist of 10 things you need to do (or know)

2021-07-20

Kevin Marshall and Ahmed Tariq

July 20, 2021

Employment Insurance (EI) Benefits

Employment Insurance (EI) benefits provide temporary income support to unemployed workers while they look for a new job.

2021-07-13

Kevin Marshall and Ahmed Tariq

July 13, 2021

Probationary Periods

Probationary periods are the first months on the job when the employer and the new employee evaluate each other ... In Ontario, employers have no obligations when terminating

2020-06-11

Employment Covid-19

Kevin Marshall

June 11, 2020

Changes to Ontario Employment Law Regarding Lay-Offs

The Ontario government made some important revisions to the law governing workers and employers ...

2020-04-15

Covid-19 Employment

Kevin Marshall

April 15, 2020

Employee survival guide to COVID-19: Lay-offs and Terminations

Do employers need the consent of their employees to reduce their labour costs? For non-unionized workers: yes, in many ...

2020-04-14

Covid-19 Employment

Kevin Marshall

April 14, 2020

How Your Business Can Survive COVID-19: Lay-offs and Terminations

Is it possible to avoid some or all lay-offs and terminations during these unprecedented times? Yes. Federal government initiatives ...

2019-08-30

Kevin Marshall

August 30, 2019

Transgender case could open new avenues in law

The transgender issue has created new challenges when it comes to human rights protections. The National Post reports that ...

2019-07-30

Kevin Marshall

July 30, 2019

Taking a PI case to a jury can be risky

A recent Ontario Court of Appeal (OCA) decision should make motor vehicle accident victims think twice about going to trial ...

2019-06-21

Kevin Marshall

June 21, 2019

More bad news than good in Auto Insurance reform plan

The bad outweighs the good in the provincial government’s new set of auto insurance reforms. As part of his first budget, Ontario’s ...

2019-05-02

Kevin Marshall

May 2, 2019

Trust, Integrity go a long way in Work Relationships

The ongoing SNC-Lavalin affair could have been stopped in its tracks with a swift and genuine apology from Prime Minister ...

2019-04-04

Kevin Marshall

April 4, 2019

SNC-Lavalin affair offers harassment lessons for employers

The federal government’s handling of the SNC-Lavalin affair shows how easily employers can fall afoul of legislation dealing with ...

2019-03-25

Kevin Marshall

March 25, 2019

Seek legal advice before finalizing severance packages.

Employees and employers should obtain legal advice before finalizing a severance package. “It takes a bit of strategizing.” ...

2019-02-04

Kevin Marshall

February 4, 2019

Healthy workplace relationships the best way to prevent bullying allegations

Building healthy workplace relationships is the best defence against allegations of bullying. The lines can often be blurred between ...

2018-11-30

Kevin Marshall

November 30, 2018

Off-duty conduct can impact your job security

Workers’ off-duty activities could get them fired. Employees are often under the mistaken impression that anything that ...

2018-10-05

Kevin Marshall

October 5, 2018

Money blinds parties to the value of relationships

Large amounts of money can easily blind those involved in lawsuits to the cost to existing relationships. I try to remind my ...

2018-08-30

Kevin Marshall

August 30, 2018

Person's past history not disclosed under new Criminal Records Check Law

Individuals are less likely to be unfairly disadvantaged by incidents in their past when a new law limiting what can be turned ...

2018-07-25

Kevin Marshall

July 25, 2018

Employers infringe free expression at their peril

Individuals are less likely to be unfairly disadvantaged by incidents in their past when a new law limiting what can be turned ...

2018-07-10

Kevin Marshall

July 10, 2018

Ontario Drivers Paying too much for Insurance: Report

A recent report that examines the profitability of the auto insurance industry in Ontario shows that companies continue to exceed ...

2018-04-16

Kevin Marshall

April 16, 2018

Summer jobs attestation violates Charter

A requirement that organizations seeking funding from the Canada Summer Jobs program sign off on an attestation that says ...

2018-03-22

Kevin Marshall

March 22, 2018

LSO’s Statement of Principles more Talk than Action

The Law Society of Ontario’s (LSO) controversial statement of principles (SOP) could prove counterproductive, despite the ...

2018-03-06

Sexual Assault

Kevin Marshall

March 6, 2018

#MeToo movement can be quick to judgment

The #MeToo movement has been instrumental in bringing to light numerous instances of sexual abuse and harassment that ...

2018-01-24

Kevin Marshall

January 24, 2018

Government trying to shift blame amid criticism of ESA changes

A large increase in Ontario’s minimum wage on Jan. 1 and the hiring of more investigators by the government to ensure ...

2017-12-20

Kevin Marshall

December 20, 2017

Employers will need legal counsel on sweeping changes to law

Both employers and employees should brush up on changes coming in January 2018 under the Fair Workplaces, Better Jobs Act ...

2017-11-10

Kevin Marshall

November 10, 2017

Documentation vital following an accident

Anyone involved in an accident needs to collect as much information as they can before going to a lawyer. “The first step is ...

2017-10-26

Kevin Marshall

October 26, 2017

Thin line between independent contractor and employee

Under the law, people who contract out their services to employers are seen differently than employees, and that can become ...

2017-10-03

Kevin Marshall

October 3, 2017

Summary judgments an effective tool for without cause dismissals

A recent without cause dismissal case shows summary judgments can be an effective tool for fast resolution, even if there ...

2017-09-06

Kevin Marshall

September 6, 2017

The pros and cons of random drug testing

The Toronto Transit Commission’s plan to conduct random drug and alcohol tests on its drivers may violate human rights, but ...

2017-08-05

Kevin Marshall

August 5, 2017

Minimum wage hike could end up harming workers

Legislation that will see minimum wage in Ontario jump to $15 per hour is a politically motivated initiative that will ultimately ...

2017-04-10

Kevin Marshall

April 10, 2017

Human Rights: Protecting the individual or the community?

The closure of a respected research and treatment program at Toronto’s Centre for Addiction and Mental Health (CAMH) ...

2017-03-03

Kevin Marshall

March 3, 2017

Confusion exists around costs in personal injury settlements

While the law is clear that lawyers are not entitled to collect both costs and damages from settlements or judgments, there ...

2017-02-07

Personal Injury Sexual Assault

Kevin Marshall

February 7, 2017

The trouble with personal injury advertising

Tasteless advertising and a lack of transparency in the use of referral fees is cheapening the legal profession. “A proliferation ...

2016-12-23

Kevin Marshall

December 23, 2016

Civil claims provide separate avenue for victims seeking justice

Civil claims allow victims to seek justice outside of the criminal justice system, but the process can bring painful memories ...

2016-12-12

Kevin Marshall

December 12, 2016

Contingency fees: A money grab by personal injury lawyers?

An Ontario private members’ bill that suggests capping contingency fees for personal injury lawyers would only further hurt ...

2016-11-21

Kevin Marshall

November 21, 2016

New harassment law redundant but sheds light on ‘egregious’ abuse

New legislation forcing Ontario employers to set up policies and programs to address sexual harassment in the workplace ...

2016-08-23

Kevin Marshall

August 23, 2016

Human Rights tribunal decision forces Toronto restaurant closure

A Toronto restaurant’s recent closure highlights the possible wide-ranging impact of decisions on small businesses by the ...

2016-05-06

Motor Vehicle

Kevin Marshall

May 6, 2016

Frustration mounts amid auto insurance changes

The Ontario government’s goal of reducing auto insurance rates by 15 per cent is clearly not in the best interest of people who ...

2016-04-11

Kevin Marshall

April 11, 2016

Expanded definition of disabilities troublesome

A recent human rights decision finding alcohol addiction qualifies as a disability is somewhat troubling as it may open the door ...

2016-03-28

Kevin Marshall

March 28, 2016

Termination by text opens employers up to claims

Termination is an inherently stressful act for both employers and employees, but there are ways to ensure a dismissal takes ...

2015-07-15

Kevin Marshall

July 15, 2015

Superior Court awards $300K in damages against jewelry company

The Ontario Superior Court of Justice has awarded over $297,000 in damages to a former jewelry corporation employee who ...

2015-05-20

Kevin Marshall

May 20, 2015

Social media’s mob justice approach goes too far

An Ontario power company’s move to swiftly fire an employee who made obscene remarks on camera may be positive from ...

2015-02-07

Kevin Marshall

February 7, 2015

Dalhousie’s ad hoc handling of scandal concerning

Dalhousie University's handling of the ongoing controversy at its dentistry school raises several alarm bells, the most ...

2014-11-18

Kevin Marshall

November 18, 2014

Changing Public’s View of Harassment goes beyond the law

As the national conversation on sexual harassment continues, it’s important not to lose sight of the presumption of innocence ...

2014-09-24

Kevin Marshall

September 24, 2014

Fine line between security measures and discrimination

A recent case of alleged discrimination on the part of an airline against a Muslim Canadian highlights the ever-present tension ...

2014-06-11

Kevin Marshall

June 11, 2014

Short notice period unfair to plaintiffs: Marshall

The first step for an injured party to avoid having their claim quashed under municipal laws is to provide notice within 10 days ...

2014-05-28

Kevin Marshall

May 28, 2014

Does an employer have power over personal views?

Unless an employee’s personal views conflict with the job they were hired to do, an employer should have no reason to ask ...

2014-04-03

Kevin Marshall

April 3, 2014

Employers, avoid preferential treatment of non-smokers

If a prospective employee is rejected solely on the grounds of being a cigarette smoker, they may have grounds to file a ...

2013-11-04

Kevin Marshall

November 4, 2013

Ask questions before embracing technology with open arms

As advances in vehicle and road technology become more mainstream, drivers must educate themselves before determining ...

2013-08-08

Kevin Marshall

August 8, 2013

Decision likely to spur better results for accident victims

A recent Financial Services Commission of Ontario arbitration decision is likely to have a “profound” effect on how soft-tissue injury ...

2012-10-29

Kevin Marshall

October 29, 2012

Common sense a must while using workplace computers

When using a workplace computer for personal reasons, use common sense deciding in what type of activity to engage in, ...

2012-08-07

Kevin Marshall

August 7, 2012

Backlog in the Accident Benefits Regime Getting Worse

Video: AdvocateDaily.com SEE VIDEO HERE...

2012-02-14

Kevin Marshall

February 14, 2012

Changes to auto insurance policies could cost you money

Changes to accident benefits by the insurance industry last fall may have resulted in a small decrease in rates to policy ...

2012-02-14

Kevin Marshall

February 14, 2012

Minor Injury Guidelines have “profound” effect

It’s been little more than a year since the Minor Injury Guidelines were ushered in as part of Ontario’s auto insurance benefits ...

2012-02-14

Kevin Marshall

February 14, 2012

The Perils of Social Media

Video: AdvocateDaily.com SEE VIDEO HERE...

2012-02-12

Kevin Marshall

February 12, 2012

Doctors shouldn’t be advocates, says Kevin Marshall

Canada should follow a U.K. court decision that abolishes a 400-year-old rule granting expert witnesses immunity from being ...

2012-01-30