“Bill 114 – An Act to provide for Anti-Racism Measures” – A Starting Point to Address Systemic Racism in Ontario

May 16th, 2017 by Michael Hackl

Since 1962, the Ontario Human Rights Code has provided individuals who suffered discrimination or harassment because of a number of personal characteristics, including race or religion, with a way to assert their rights to equal treatment in certain sectors, such as housing and employment. Even prior to the passage of the Human Rights Code, there were laws such as the Fair Employment Practices Act, 1951 and the Fair Accommodation Practices Act, 1954, which provided some of the protections that were later incorporated into the Human Rights Code.

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Employers take note: Make sure your employees’ termination clauses don’t exclude benefits and severance pay under the Employment Standards Act, 2000.

May 16th, 2017 by Claudia Pedrero

With the provincial government looking at instituting a minimum wage of $15.00/hour, the Employment Standards Act, 2000 (the ESA) is generating headlines this week.

But one of the biggest pitfalls for employers in the ESA made judicial news at few weeks ago: the Ontario Court of Appeal further clarified employers’ obligations when terminating employees in its decision Wood v Fred Deeley Imports Ltd. (Wood) released earlier this year.

The important take-away from this case is: if the termination clause in an employment contract excludes even one obligation under the ESA the entire termination clause is unenforceable. As a result, the employee becomes entitled to common law reasonable notice discussed in more detail below. The employment clause will also be void even if the employer meets the ESA obligations that were excluded from the termination clause.

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CRA Consultation Panel Releases its Report on Charities Political Activities

May 10th, 2017 by Claudia Pedrero

The Consultation Panel on the Political Activities of Charities (the Consultation Panel) has now released its Report recommending changes to how charities should be regulated in Canada.

Earlier this year, we blogged about the Canada Revenue Agency’s (the CRA’s) consultation process on charities’ political activities.

Our firm also submitted its recommendations to the CRA advocating for changes that would allow charities to effectively participate in public policy debates.

In our submissions we took the position that the CRA’s current rules restricting charities’ political activities make their political role ineffective despite the fact charities are uniquely positioned to advocate for the public interest and many are experts in their fields.

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What can you expect from articling with Iler Campbell?

May 8th, 2017 by Iler Campbell

In short: to do meaningful work for organizations making a difference in their community, while being mentored by a passionate team of practitioners.

As the only student in a small general service firm, you’ll get a taste of all our practice areas, including charity & non‑profit law, commercial law, real estate, human rights, landlord and tenant law, employment law, construction, corporate governance & structuring, estate law and civil litigation.

You’ll be exposed to all the firm’s major client groups, including housing co‑operatives, affordable housing developers, non‑profit organizations in a variety of industries, progressive for‑profit organizations.

What makes Iler Campbell different?

At Iler Campbell, we believe in the social goals of our clients, so we see our role as helping our clients do what they do – be it run a better housing co‑operative, build more renewable energy projects, create more affordable housing, or provide a charitable benefit.

We are actively involved in community‑level organizations by sitting on boards, committees or volunteering with non‑profit and charitable organizations.

What kind of work does the articling student do?

You will be asked to research and prepare client opinions that provide practical legal advice on a wide range of legal issues. Students are also trained to represent housing providers at the Landlord & Tenant Board at mediation sessions and merits hearings. Most of the firm’s civil litigation work comes from our corporate and real estate development clients; as a result, articling candidates should come expecting mostly solicitor and administrative law work – there is no guarantee that each articling period will involve much litigation. If any comes through the door, the articling student will be involved. This could include drafting submissions, preparing for examinations and disclosure, and observing court appearances. You may also get the chance to appear on simple motions or small claims court matters.

Most students are exposed to at least some stages of an affordable housing project ‑ from the purchase or sale of land, obtaining construction financing, the creation of a condominium corporation, to the sale of affordable housing units. For the student, work on these files can involve drafting agreements, organizing due diligence materials or reviewing closing documents.

Our articling student is also involved in the corporate law services we provide to our clients. This can involve reviewing by‑laws for legislative compliance, drafting employment or human rights policies and research on corporate structuring. These files involve consulting relevant legislation and preparing plain‑language materials that help our clients make decisions and understand their responsibilities as directors of a corporation, employers, housing providers, or in fulfilling their duties under the Human Rights Code or other relevant legislation.

We are a small firm, so there is no formal rotation. You will receive work directly from the lawyer working on the file and likely have a mix of litigation and corporate/transactional work on the go at the same time.

For example, in one day, you could be attending a hearing at the Landlord and Tenant Board in the morning, researching an employment law issue in the afternoon, and attending a housing co‑operative board meeting to review their by‑laws in the evening.

In sum, you can expect to be exposed to a very broad range of practice areas and have a real impact on the work we do for our co‑operative, non‑profit and progressive business clients.

Come article with us!

Please submit your application for the 2018-19 articling year by Friday, July 7 to info@ilercampbell.com. Please include a cover letter, resume, reference letters and copies of your transcripts. We look forward to hearing from you!

Proposed class action challenges wait times for support services for adults with developmental disabilities

April 27th, 2017 by Michael Hackl

This article was first published on rabble.ca

Many Ontarians with developmental disabilities face a significant problem when they reach their 18th birthday. Specifically, while they have received services and support from the government during their childhood, upon turning 18 they are treated as adults under the law in Ontario and those services and support are typically discontinued immediately, even though their disabilities still exist, and even though that support is often necessary to meet their most basic human needs.

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Canada’s Anti-Spam Legislation: July 1, 2017 on the horizon — are you ready?

April 10th, 2017 by Ted Hyland

Updated May 11, 2017: Corrections/clarifications to the 4th and 7th bullet points below.

If you were keeping close tabs three years ago on the advent of Canada’s Anti-Spam Legislation (CASL), you may be forgiven if you lost sight of it in the past three years. After all, you worked hard to ensure that your organization would be able to send commercial electronic messages (CEMs) once July 1, 2014 rolled around.

Well, it’s time to pay attention again, because July 1, 2017 marks the coming into force of a couple of important features to CASL. Read the rest of this post