Alan McConnell Lawyer

09/30/2021

Learn more about the significance of this day here: https://www.stcatharinesstandard.ca/local-cambridge/news/2021/08/06/what-you-need-to-know-about-the-new-sept-30-holiday-in-canada.html

06/27/2021

09/29/2020

A sad story. In Ontario the Workplace Safety and Insurance Board will adjudicate COVID claims on a case by case basis. The WSIB must determine the "work-relatedness" of the claim. In determining whether to accept a claim, the WSIB has advised that:

"Multiple potential sources of COVID-19 may now exist in the community, at home and outside of work, creating challenges in establishing work-relatedness when adjudicating claims.

For a COVID-19 claim to be allowed, evidence must show that the person’s risk of contracting the disease through their employment is greater than the risk to which the public at large is exposed and that work significantly contributed to the person’s illness."

JBS has said employees' COVID-19 infections were not work-related in denying the claims, according to responses the company gave to employees.

06/08/2020

If you were posting black squares yesterday, are you engaging with the topics in a deeper way? How are you showing up for your Black friends and colleagues at this time? How are you showing up for Black people in general?

Remember allyship is a lifelong process of building relationships based on trust, consistency, and accountability with oppressed groups. It is not a label you apply to yourself. Use your voice to stand up for groups that are asking you to support them. No time like the present.

06/01/2020

The Ontario government has made some important COVID-19 related changes to regulations under the Employment Standards Act, 2000 (ESA).

The ESA allows employers to temporarily lay off (furlough) employees for up to 13 weeks in any period of 20 consecutive weeks, without having to pay ESA Termination Pay in lieu of notice or ESA Severance Pay. After 13 weeks, the lay-off is deemed a termination and the employee is automatically entitled to ESA Termination Pay and ESA Severance Pay. In certain cases (for example, where employers maintain payments to a pension plan or maintain benefits during the temporary lay-off), the period is extended to up to 34 weeks.

If a company laid off a worker in mid-March at the start of the emergency and did not continue paying benefits, the 13 week deadline would be fast approaching. After 13 weeks, laid off employees could seek their ESA entitlements through the Ministry of Labour, without charge or the need of a lawyer. They would be entitled to the money whether or not the company called them back to work.

The government has now stepped in to remove the looming financial hit those companies possibly faced in June. The new regulatory change applies to non-unionized employees who have had their hours reduced or eliminated because of the pandemic. Those workers will not be deemed terminated after 13 weeks (or 34 weeks). Instead they will be deemed to be on Infectious Disease Emergency Leave. This change is back-dated to March 1.

For companies this is good news. For workers, the news is not so good, as it makes it easier for companies to impose lay-offs. However, the regulatory change allows workers to remain employed with legal protections and be eligible for federal emergency income support programs.

These regulatory changes affect statutory entitlements. Workers can still claim common law rights under their employment contracts. Basically, rather than go to the Ministry of Labour, workers could claim the lay-off or reduced salary amounts to a constructive dismissal and litigate matters in the civil courts. Workers should consult an employment lawyer to consider their options.

Alan McConnell
416 402-3729

03/16/2020

Ontario employers have obligations under the Human Rights Code with respect to terminating or laying off workers with a perceived disability, or asking them to stay at home. If you are an employer, get legal advice before making a virus related employment decision. The same applies to employees: Get legal advice if you have been terminated, laid off, or forced to work from home as a result of coronavirus.

03/16/2020

Due to public health concerns relating to coronavirus, we will be working remotely from the office. We are available on the telephone (office 416 537-0108 or cell 416 402-3729), email ([email protected]), fax (416 537-0108) and Skype. Where practical and necessary, we will meet clients and potential clients outside of the office.

This is a difficult time for everyone. Whether you are an employee or employer, we are available to help you deal with the legal issues arising from the current situation, including human rights obligations.

Alan McConnell
Barrister & Solicitor
466 Dupont Street
Toronto, Ontario
M5R 1W6

Tel. (O) 416 537-0108
Tel. (C) 416 402-3729
Fax 416 537-1604
Email: alan@mcconnellLAW

11/07/2019

Contractors buying from Home Depot, other retailers beware — the CRA is coming after you

04/03/2019

The design for a stage that collapsed before a Radiohead concert in Toronto in 2012 was flawed from its inception and several people knew it, according to Dale Martin, head of the company that was contracted by Live Nation to erect the stage.

11/20/2018

I am attending Continuing Professional Development courses today on real estate law at Osgoode Hall. I am doing more and more real estate litigation, so the time is very well spent. What is scary for homeowners and lawyers alike is the continued prevalence of real estate fraud in Ontario.

10/17/2018

No. 1 in my book:)

The Faculty of Law is pleased to share that it has been ranked among the world’s top universities to study law by theTimes Higher Education (THE). A ranking by subject released on 17 October 2018 declared McGill the 14th best school to study law worldwide, placing McGill in the worldwide top 15 fo...

10/10/2018

Frontier Airlines airline got police to es**rt a woman off the flight from Orlando, Florida, to Cleveland after she brought the squirrel onto the plane on Tuesday night, leaving passengers with a two-hour wait.