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January 14, 2021

CBC Interviews Ben Millard: Can Employees Insist on Working from Home During COVID?

Ben Millard recently spoke to CBC News about whether employers can force their employees to work on-site at the office during the COVID crisis. The short answer is that, with a few exceptions, employers can require employees to work in the office, provided that the employer has complied with all required safety measures to ensure […]

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Recent Articles

October 18, 2016

Believe it or not, no one is trying to punish the Cleveland baseball team

Behind Douglas Cardinal’s failed injunction against the Cleveland baseball team, there is a human rights complaint. Two, actually. And those complaints will proceed in very different environments than what took place in Ontario Superior Court on October 17. As was made clear yesterday, the complaints allege that the name of the Cleveland franchise and their […]

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August 22, 2016

Clear language needed to disentitle employees from post-termination bonuses

By Mika Imai In 2015, the Ontario Superior Court of Justice heard two factually similar cases and came to opposite conclusions. Both cases dealt with employers who had denied bonuses to a terminated employee because he was no longer “actively employed” (a requirement under the bonus policies). In Lin v Ontario Teachers’ Pension Plan, Justice […]

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August 17, 2016

New legislation on workplace sexual harassment

As of September 8, 2016, employers must comply with Bill 132, the Sexual Violence and Harassment Action Plan Act. Bill 132 adds “workplace sexual harassment” to the definition of “workplace harassment” under the Occupational Health and Safety Act (“OHSA”) and establishes more onerous requirements on employers. As a result, Bill 132 makes workplace sexual harassment […]

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August 10, 2016

Congratulations, Beth Symes, on being named one of the best lawyers in Canada

Millard & Company would like to congratulate Beth Symes on being named one of the Best Lawyers in Canada in the area of Labour and Employment. Beth has over 35 years of experience as a lawyer specializing in workplace issues, including wrongful dismissal, grievance arbitration, disability accommodation and workplace discrimination. Among her many roles, she […]

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July 27, 2016

New decision discusses the role of summary judgement in wrongful dismissal cases and an employee’s duty to mitigate

By Mika Imai The length and cost of a traditional lawsuit are a constant frustration for clients and lawyers. Preparing court materials, booking court dates, examining witnesses and engaging in mediation are just a few of the reasons lawsuits drag on. As a result, employment lawyers are increasingly using summary judgment motions to obtain a […]

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July 11, 2016

Court of Appeal clarifies law on wrongful dismissal and discrimination

By Mika Imai The Ontario Court of Appeal has sent a signal to employers – it is prepared to uphold sizeable damage awards for employees whose employment rights have been violated. In Strudwick v Applied Consumer & Clinical Evaluations Inc, a 15-year employee was awarded $246,049.92, plus $20,000 in legal costs based on wrongful dismissal, […]

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Testimonials

"It was an absolute pleasure to work with Ben Millard at Millard & Company Barristers and Solicitors. Before signing on to use his services he took the time to answer any and all questions we had so that we felt confident when choosing him to help us with our legal matter. Once we signed on, this did not change. He was always very quick to answer our questions or address our concerns. He was very quick to let us know our next moves and did not sit on anything which was well appreciated. Would recommend to anyone to use his services. Kind, courteous, and genuinely great person to deal with!"

- M. C.

"It was a great pleasure, and a great experience, for our not-for-profit organization to work with Marcus McCann to assist us to rewrite our by-laws. Marcus was professional, knowledgeable and understanding of our issues and committed to helping us to frame our new by-laws in the context of both our organization's vision, mission and values and the law as it relates to not-for-profit organizations. He was diligent, completed the work within the time frame we agreed upon, responded to phone calls and emails promptly, and was always courteous to me and my colleagues. I thoroughly recommend Marcus for any organization who needs legal assistance, particularly in developing by-laws."

- J. M.

"Within a day I was connected to Ben Millard and he walked me through the approach and compensation once he understood my circumstances. He negotiated a good deal and it was settled in less than three weeks (would have been faster except for summer holiday). He was always available for questions during the negotiation and will answer questions on any future contracts vis a vis the severance package. With Ben I know I got the best deal i could."

- T. S.

"This is the second occasion for me reaching out to Ben Millard for his employment related expertise. I greatly appreciate Ben’s clear and concise counsel. His ability to distill the relevant and important issues from all the “noise” makes working with him to be efficient and effective. I would not hesitate to recommend him for any employment law matters."

- T. W.