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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

November 4, 2015

Forbidding religious avatars on coupon website is not discriminatory, Tribunal finds

After a forum moderator asked a user to stop using a Jesus fish logo in his posts, the matter was put to the Ontario Human Rights Tribunal — which ultimately found no violation of the Code. One of the more difficult things the Tribunal does is decide whether an activity triggers the Code’s protection from […]

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October 8, 2015

Unfriending a colleague on Facebook was part of a pattern of harassment

Yes, unfriending a co-worker can form part of a workplace harassment complaint. However, the issue is a little more complex than was first reported by various news media last month. Discussion was sparked by a ruling from Australia’s Fair Work Commission, which concluded in Roberts v View Launceston Property Ltd that a staff person at […]

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September 24, 2015

Can a Business Choose Its Clients Or Must It Serve Everybody?

It has now been almost twenty years since Ray Brillinger of the Canadian Lesbian and Gay Archives walked into a downtown Toronto print shop and was refused service. The owner of the shop, Scott Brockie, objected to printing letterhead, envelopes and business cards for the archive because his religious beliefs forbade him from promoting the […]

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September 13, 2015

Marcus McCann speaks to the Class of ’75 about tuition and debt

A version of this talk was delivered to the University of Toronto Faculty of Law Class of 1975 Reunion on September 9, 2015 by Millard & Company Associate Marcus McCann. * I’ll keep this brief, because the message from the future is a bit of a downer. Tonight is rightly about celebrating your talents and […]

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September 8, 2015

Uber: What the relationship between Uber, taxi companies and their drivers can teach us about employment law

Guest post by Emily Burke The California Labour Commission recently deemed at least one Uber driver to be legally considered an employee rather than an independent contractor, despite Uber’s insistence that their drivers are the latter. Though Uber drivers pick up passengers and are paid to take them to their destination, the company argues it […]

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August 31, 2015

Labour Reform: Input Not Limited to Labour Types

Once-in-a-generation consultations underway in Ontario could lead to sweeping changes in the way the province regulates work. Earlier this year, Kathleen Wynne’s Liberals appointed two labour experts — former Ontario Superior Court judge John C. Murray and labour lawyer Michael Mitchell — to make recommendations about how to protect vulnerable workers in the twenty-first century. […]

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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.