Navigating the Complexities of Landlord and Tenant Law in the Times of Pandemic

Can a Paralegal Represent Me in a Criminal Matter? A Paralegal can represent accused persons who are charged with a summary conviction offence where the maximum penalty does not exceed six months’ imprisonment. Summary conviction offences are the least serious offences in the Criminal Code. Causing a disturbance (s. 175), possession of a weapon in public (s. 89), disorderly conduct (s. 173), and public exposure (s. 173(2)) are all examples of the many summary conviction offences that Paralegals can work on. When you receive your summons, please tell us exactly what you have been charged with, including the section number of the Criminal Code to help us determine if this is something we can help you with. A Criminal Defence Paralegal cannot represent clients on any indictable offence or what are known as a “super summary offences”. Super summary offences can carry a jail term for up to eighteen months. An example of such an offence is a DUI. Some offences are called hybrid offences, such as sexual assault, where the Crown can elect to proceed summarily or by indictment. In this case, we will consult the Crown attorney on or prior to your first appearance to find out how they are electing to proceed. If you are coming to us with a summary conviction charge, please try to write down and remember as much as possible the names of possible witnesses, as well as other information that you believe might assist you in your Defence. Please contact Invictus Legal LLP to assist in this area of practice.

Whether you are a doctor , nurse, dentist , lawyer, paralegal, engineer or hold another profession, professional ethics are likely vital to your success in your chosen field. In professional fields, ethics are vital. We all know of the Hippocratic oath, but outside medicine, as you know, other professions have similar standards of practice. Ethics Professional ethics refers to the standards of behaviour that various industries expect professionals within them to adhere to. Each industrial sector has a set of standards and moral principles that guide good practice in that field. These ethical standards can impact decision-making and behaviour in the workplace. Professional ethics are important because they help maintain a positive reputation for the profession. They also ensure that clients receive high-quality services. Professional ethics vary depending on the profession. For example, doctors are bound to a professional code of ethics that exists independently of their employment. They are held to a universal code of conduct because of their chosen profession. Some common ethical dilemmas in the healthcare industry include patient confidentiality, informed consent, end-of-life care, and resource allocation. Conflict of interest, for example, is a vital aspect of the legal profession. Breaching conflicts of interest in the legal profession can include representing clients with opposing interests, accepting gifts from clients, and representing clients with whom the lawyer has a personal relationship. For a professional, breaching ethical standards can result in being reported to the relevant authority that governs your industry. It can lead to loss of income, being subject to discipline, or more. The ultimate outcome for you is being struck from the rolls of your profession. That is where you need a team of professionals to assist you in building your defence. That is what Invictus Legal can provide. Your Professional Standing Matters Your professional standing refers to your reputation, status, and credibility in your profession. Others in your profession and members of the general public constantly view your actions. Professionalism is about how well your peers and the public regard you. Your professional standing is important because it can help you get recognized, earn respect, be approachable, and show that you’re dependable within your community. However, the governing bodies or colleges in your profession have a duty to the public, meaning anyone can call your professionalism into question. Just because they question your professionalism doesn’t mean the end of your career. It’s important to remember that everyone makes mistakes and that it’s okay to ask for help when needed.  If you are ever in a situation where your professionalism is being questioned, it’s important to stay calm and remain professional and to try to work through the issue with your colleagues and/or supervisor. If you’re unsure how to handle the situation, you can always seek advice from a mentor. Additionally, you need the support of a competent legal team by your side. This is why you should call Invictus Legal LLP as soon as your reputation is questioned. The Process If you have received a complaint, it is important you engage a legal team to respond to your complaint. Having a legal professional represent you is vital. They manage all communications with your regulator and work with counsellors to assess whether professional counselling is appropriate. How communication is managed is a vital part of ensuring that you continue to work in your chosen field, that is why all communications must come from your legal representative. Invictus Legal can assist to ensure your professional reputation remains intact. Our aim is to provide you a complete career saving package.

How Do You Find Information About a Lawyer or Paralegal? Is Your Advocate a Regulated Professional? So, you decided to hire a legal professional. This is a daunting task. First, check to see that your legal professional is listed in the Law Society of Ontario directory . If their name is in the directory, they are licensed with the Law Society of Ontario and are able to provide you with legal advice or legal services. Members in good standing with the Law Society of Ontario are insured for errors and omissions, as well as bound to a Code of Ethics. If their name is not listed, they are not licensed and likely not authorized to provide the services you are seeking. Check their Law Society of Ontario number on the Directory. The higher their number is, the less experience they have in private practice. Many practitioners with higher numbers have not practised for a couple of years since they were licensed and only recently opened up shop. If they are not working with somebody else that has more experience, particularly if your issue is more complicated, it is best to take your matter elsewhere. Second, check the website of your prospective choice. How much information does their website provide? Is there a contact number? Are there office hours? Does there appear to be a physical office? Does the prospective hire provide legal advice or legal services in the areas of law that you need help with? Their website should state clearly what types of issues they could help you with. Where Does Your Legal Advocate Work? While it is not necessary to have a physical office, the Law Society of Ontario does have specific requirements for those who choose to work from home or in shared office space. Short term or hourly rental spaces, such as Regus or Zemler “office in a box” boardrooms, do support occasional meetings for a legal professional meeting with you in your community. However, such space may not be appropriate for a long-term relationship. Legal professionals are obligated to maintain strict confidentiality of your records (e.g. a locked filing cabinet, password-protected clouds), as well as to provide a consultation area that is free of distractions. It should be a space that nobody else regularly enters or has a reason for being in. Further, not having a physical office limits the way you can interact, drop off documents or meet with your professional in an emergency or urgent situation. However, many lawyers and paralegals operate most of their services online. If you are comfortable with that, make sure you have a place to write to them outside of an email address or contact sheet on a website. How Detailed is their Website? Third, your prospect’s website should provide the areas of law that they work in. If your prospect’s website simply states, “we handle matters in small claims court“, it is not enough. What kind of small claims matters can you bring to this person/firm? Does your prospect offer help with employment situations? Is the person familiar with construction contracts, such as a ‘renovations gone bad’ type of case? How about your prospect’s experience in filing claims against an insurance company, such as when your house insurer declines your claim after your roof blew off? Fourth, does your prospect advertise their fees? The professions do not always advertise their fees, nor do they have an obligation to do so. However, if they claim they offer a flat rate “start to finish” on various actions, question them on this. If they claim they can run a Trial on a flat rate, they likely do not have the experience or the expertise to determine how long or how complicated their matter can be at Trial. Fifth, if they advertise themselves as ‘experienced’, ask them how many Trials they did, how many landlord and tenant matters they took to hearing, as well as how long their current office was open. Ask them if you have something to drop off or need to stop in to speak to them, where would they meet you? If they are hesitant, find somebody else. Meeting with Your Legal Professional Sixth, how does your prospect present themselves? Are they boastful of early achievements? Do they compare themselves with other legal professionals? Are they dressed so they could hurry off to the nearest night club after meeting with you? Do they look like they just finished up a paint job at their house and are interrupting that job to meet with you? Are they playing with their smart phones at any time in your consultation, or do you notice their computer screen opened up to Facebook or Twitter? Seventh, what is the state of their meeting space? Many legal professionals meet in private boardrooms or empty offices in their physical location to ensure that your comfort and confidentiality is held in top regard. Their own offices may be filled with paperwork to the brim, which is not an ideal client meeting space. Your meeting with your prospective professional should not include the presence of open files, documents, or even closed files piled up on the desk or board table. If space is an issue, your professional should place these files behind them on the floor or on a shelf outside your view before meeting with you. Eighth, how does your prospective professional communicate with you? At the Initial Meeting, they should mostly listen and steer the discussion with questions to help understand the legal issues you are bringing them. The type of communication style one client prefers may differ from the next. However, in most cases, your prospective representative should be knowledgeable about your issue, non-judgmental and be willing to explore a number of options that can help you arrive at the right place. The Importance of Trust, Professionalism and Being Upfront It is important to identify your goals with your legal representative when you meet with them. While we are trained for court and often love to litigate, taking everything to court is not always in the client’s best interest. A good legal professional would ensure that going to court is a last resort, while at the same time securing a strong legal settlement that may not be perfect but would meet your needs. Your legal professional should be able to discuss fees in a straight forward manner. There are different ways that fees are charged to clients at Invictus Legal LLP. There are flat fees, which are usually limited to research and possibly a limited scope retainer. A limited scope retainer is when you need help with some of your case, but not all of it, such as drafting a claim. Hourly fees are charged when the matter is likely to head to litigation. There are also block fees where each step in a legal proceeding has a flat rate, as well as a monthly retainer fees for ongoing actions that a client may not be able to fund upfront. Many times, your legal professional will ask for a certain amount of money upfront. If they do, this money must by law be placed into a trust account and not disbursed to themselves until: (a) work is partially or fully completed; and (b) invoiced. It is important that you have a trust level with your lawyer or paralegal. You should be comfortable telling him or her anything that you feel is relevant to the case you are bringing to them. You should also feel that you are not being judged. Many people involved in traffic or criminal cases feel badly, but a professional’s job is not to judge you. Their job is to assist you in resolving the issue. Most important, once that comfort level is established you should provide all the information they need, or their ability to help you may be limited. Please see our companion article on your Initial Consultation . 

There are many times in our lives when we experience problems that are beyond our grasp, where we need to speak to a professional. If your car breaks down, you want a mechanic. If furnace dies, you need an HVAC (Heating, Ventilation and Air Conditioning) technician. If you develop health issues, you turn to your Family Doctor. In the legal system, you have a broader choice of legal representation for many matters in Ontario. In Ontario, you can choose to hire a Lawyer or a Paralegal. As technology advances and we become more and more specialized in what we do, it becomes easier for each of us to understand the value of knowledge. Like your auto mechanic, your family doctor or your HVAC technician, lawyers and paralegals offer specialized knowledge that can help you resolve your legal problems. Invictus Legal LLP is owned and operated by experienced paralegals that have practiced in the province of Ontario. We also connect to lawyers that may be able to assist you in resolving legal issues that as paralegals, we cannot become directly involved in. Many of us begin our searches on Google, which may or may not be a good source to address your problem. Many legal blog sites may include references to situations that are similar to yours, but you may not know for sure until you speak to one of us. Depending on your issue, a paralegal may be the legal professional you need. For example, if you have a matter with any federal or provincial tribunal, each of which deal with a variety of matters (such as disability appeals, human rights, educational issues, criminal injuries compensation or the reinstatement of a license), a paralegal can probably help you. If you are a landlord or a tenant, a paralegal can represent you before the Landlord and Tenant Board. If you have a legal claim of $35,000.00 or under, a paralegal can take your matter through small claims court, or defend you in the same. There are also a number of offences dealing with traffic tickets, suspension of your driver’s license, or offences of other provincial law, that are heard in Provincial Offences Court. Paralegals can represent you there as well. Paralegals can also defend you or resolve criminal charges that are summary in nature and do not include a jail term of more than six months, or five thousand dollars in fines. If you are looking for a divorce, a separation agreement or to seek custody of your children, this is a family law matter. Paralegals at this time cannot help you. Similarly, if you are purchasing a real property, wanting to update a will or to pursue a litigation claim that is much higher than $35,000.00, you will need to seek a lawyer. In certain cases, a claim above $35,000.00 can be dealt with by a paralegal, using the rules of the Small Claims Court, but a case review would be required. The Law Society of Ontario runs a free legal referral service , where once you complete the form, a lawyer or paralegal’s name will be given to you, which will provide a half hour free consultation. Elsewhere on this website, there is an article on what you could do to prepare for your consultation, regardless of what your legal issue is. The more prepared you are for your consultation, the better the advice you will receive. After your discussion with a legal professional, you may decide that you need legal representation. You may only need assistance with part of your issues, but not all of it. This is what we call a limited scope retainer. Our office offers this to many clients. You may also feel comfortable with proceeding on your own, but with the coaching and ongoing advice of somebody. In certain cases, we can help you with this. In any case, your consultation should provide you with clear options as to what your rights and obligations might be, and what possible methods of resolution might be available to you. Professionally, Invictus Legal LLP provides services in many advocacy areas. including Small Claims, Landlord/Tenant, Provincial Offences (including Highway Traffic Act matters), as well as other Tribunals (such as Human Rights Tribunal of Ontario, Workplace Safety and Insurance Board/Workplace Safety and Insurance Appeals Tribunal, Criminal Injuries Compensation Board, Social Benefits Tribunal, among many others). We do not accept all clients within our chosen areas of practice, as the fit has to work both ways. As we have practiced and grown in our profession, we do our evaluation of cases before us based on chances of success, complexity of the matter, private interests (of the client) and public interest, as well as numerous other factors. When should you choose to seek legal assistance? Early. As soon as you identify a potential problem. This is very important because there are sometimes tight time frames within which you must file notice of action or a claim. You can get a free consultation. Most legal professionals will offer one. It is also available through the Law Society Referral Service.  Invictus Legal LLP

An increasing number of municipalities across Ontario are implementing bylaws to govern the use of short-term or vacation rental properties. Navigating new municipal rules is vital if you wish to do business in the sector. How you put together your license application matters. Navigating the process is why you should have legal representation. The rules may apply to: Bed and Breakfast homes, Vacation Rentals. Cottage Rentals, Country Inns, Vacation Apartments, and Villas. Generally, short-term rental owners rent the homes they own, or rooms within them, on a short-term basis. The general guideline for this is less than 28 consecutive days. Guests are allowed to re-visit and can extend their stay (provided it is not beyond 28 days total).  How does the municipality govern short-term rentals? Invictus Legal LLP has a record of working with owners and the local municipal governments to ensure you get your license. Invictus has the knowledge and experience of Municipal laws to empower your application. While vacation rentals can be controversial in some municipalities. If that is a part of your business plan, then you need our team on board to make your business goal a reality. We collect all of the relevant materials and manage your license application. Some vital compliance steps may include: Commercial Liability Insurance. Noise Bylaws. Maximum occupancy rules. Building and Fire Codes. Renter’s Code There is no YouTube video to help you complete your application. The rules of each city is different. That is why you need to engage one of our legal professionals to ensure your short-term rental license application succeeds. Our team has managed applications in multiple cities, and we are here to ensure your application highlights the strengths of vacation rental property. Having a legal team manage your application ensures that communication remains professional at all times. Some cities only allow owners to own short-term rentals for their principal residence. How do you manage this? What if you use corporate ownership for tax convenience? Invictus Legal LLP can give you some advice. In some municipalities, licensees must collect and remit the Ontario Municipal Accommodation Tax to the local city. Managing interactions with municipal authorities is often a matter of managing the red-tape. That is what our team specializes in. Additionally, in many cities, owners need to renew their vacation rental registration yearly. Invictus Legal can manage the continuing application process.

In Ontario, if you have been served a claim against you, don’t fling it in the drawer and forget about it. It is time to defend yourself. Lawsuits have specific deadlines you need to pay attention to as a defendant. Time is limited, and you need to take action. You need a defence. Rule 9 of Rules of the Small Claims Court (O. Reg. 258/98) states, “a defendant who wishes to dispute a plaintiff’s claim shall, within 20 days of being served,” so you need to take action. It is time to call Invictus Legal LLP. Time to build your Defence The type of claims against you can include any of the following, plus many more causes: Debts, or money owed to another person. Your negligence caused injuries. Improper installation or repairs. Dishonoured cheques. Repair and storage liens. Property damage. If you have been served with a lawsuit through the Small Claims Court, probably several questions run through your mind. Do I need legal representation? The answer to that question depends on the complexity of your case. The concept of a Small Claims Court is one where the parties take or defend the action themselves. That said, while the dollar figure claimed is small, there can still be complex legal issues to be decided. This is where you need a legal representative. It is best to seek legal help to at least understand the legal complexities of your case. Is it time to hire a professional litigation paralegal from Invictus Legal LLP? Remember, court staff cannot provide legal advice, but they can help you understand what forms you need to complete and when to submit them. As Invictus, our team will help you manage this process. Limited Time You only have a limited time to act, a limited time to serve and file your defence. Even with time limits, Invictus Legal LLP is here to help you build a solid defence. Need to know what the rules are? That is exactly why you should engage our team. Crafting a defence takes special skills. Not only is it essential to deny the other side’s case, but it is vital to demonstrate how the legal principles follow your arguments. Then there is another question, do you have a claim against the person who sued you? This is often called a counter-claim, although the correct legal term is a defendant’s claim. You should seek legal advice when creating a defence or a defendant’s claim. Our team at Invictus Legal LLP is here to help you. The best defence is always a strong one. Our team is fighting for your rights. We specialize in writing strong defences and testing the validity of the Plaintiff’s claim.

Should I Sue in Small Claims Court? Something happens. You are fired from your job, purchase a car from somebody that did not actually own it or loan a friend some money they did not repay. Your first thought is to file a small claims suit against the person you feel owes you money. Do I Have A Case (for Small Claims Court)? As paralegals, we litigate a lot in small claims court. Small claims court can deal with many, but not all, claims under $35,000.00. Many times, another body, such as the Landlord and Tenant Board or License Appeals Tribunal have the jurisdiction to deal with your claim. In many cases, these other forums must be the place you file your claim and not small claims court. Paralegals can litigate in these other forums and we can tell you if the small claims court does not have the jurisdiction to help you. Most important, note that many types of actions cannot be decided in small claims court, even those that are not otherwise in the jurisdiction of a tribunal. Some examples of cases are listed below: If You Want to Force a Party to Do or NOT to do Something You cannot take somebody to small claims court to seek what is known as injunctive relief. If you want to do this, you generally need to file what is known as an APPLICATION to the Superior Court of Justice. Paralegals do not get involved in these kinds of cases. For example, if you want somebody to amend or take down a website, sell their condominium or force a company to re-issue shares to an aggrieved shareholder, these are heard in Superior Court. Small claims court, however, can order under limited circumstances something called a Writ of Delivery. This is usually an order for the return of a specific object, such as a motor vehicle, a musical instrument or even a family pet. If the Basis of Your Claim is to Order Specific Performance This court cannot order specific performance of a third party. Apart from enforcing a settlement agreement that came out of small claims (or a related forum that is enforceable in small claims court), this is not possible. However, you can seek damages for breach of contract on many grounds (unjust enrichment, breach of contract, interference with contractual relations). But, a small claims court will not order your employer to give you your job back, nor will they order the company next door to stop polluting your backyard. Issues That Fall Under Other Statutes with Legislated Jurisdiction You might be contesting something under the purview of the Family Law Act or disputing the essence of an estate. This is also done in the Superior Court or Ontario Court of Justice (Family Division). The small claims court will not give you your children back. This court will not resolve issues of equalization between you and a former spouse. You cannot get appointed to be an administrator of an estate, or set aside a will to dispute its meaning. However, if a will clearly states that you are entitled to monies under $35,000, you can sue the estate trustee for this money if it is not distributed in accordance to the will. Construction Liens Construction liens up until recently were strictly under the jurisdiction of the Superior Court. However, this is changing by way of the new Construction Act, where small claims court can be the forum to file such liens of value of $35,000 or under in jurisdiction. This is an evolving process , whereby a dispute resolution process is expected to be fully in place by October 2019. This list of exceptions is not exclusive. Contact our office today to see if your case fits the small claims court or another tribunal where we practice. I Have a Claim Under $35,000. Should I Sue? When we determine if we will take on a file, we consider a number of elements in your claim. First, do you have or can you easily obtain sufficient evidence to bring forward your claim? Such evidence would include a contract, witnesses, invoices, audio or video recordings, and photographs, among other things. Second, can you directly connect the party you wish to sue as being liable? Sometimes the answer is easy. The party is a former tenant, a person to whom you loaned money, a former employer or a municipality. Other times, it might not be as easily, particularly when a third party caused the party you believe is liable to commit the act. Third, can you easily find the person you wish to take to court? This involves knowing the proper name, spelling, last known address, possible occupation, among other things. Our office can assist you in finding the person to some extent, but there are other factors you need to consider. Does this person have any assets or sufficient income to cover the claim? The person may own their own house, but may have several creditors ahead of you in line if you were to win your case. They may drive a late-model vehicle, but they may be leasing it. Is your party working? Do you know if they earn sufficient income to cover your claim, even if you win? Is your party possibly bankrupt or involved in a consumer proposal? This information can be determined through our office to help you determine if it is worth your money and time. Does My Claim Have Merit? This is something that needs to be determined. This depends on the type of case you have, what evidence and if any limitation periods apply. In general, civil suits have a two-year limitation period, but this can differ in some cases. Often, the answer to whether your case has merit can be determined right away. As experienced litigation paralegals, we have seen many different types of cases over the years and know how the courts will see them. When faced with an unusual situation, we conduct case law research to determine if our arguments would be on point. It is important to go to court with a case that has strong merits. Some people have come to our office to ask us to sue just to force the other party to back down on something. Or they want to sue for the principle. As we have been in court many times, we know that courts penalize parties that bring frivolous, vexatious and meritless claims. Even a case with good merits can be brought forward and lost, mainly because of the credibility of witnesses, quality of evidence and so forth. Even if you believe the other party might get intimidated by your lawsuit, many will seek the advice of counsel and call your bluff. My Case Has Merit, and I Want to Proceed. Now What? If you wish to proceed with a meritorious claim, Invictus Legal LLP can assist you in many ways. If money is an issue, we can complete what is known as a limited-scope retainer. That means you might want us to act on the part of your action, but not all of it. We can draft your Plaintiff’s Claim, attend a settlement conference with you if you are already in court, or we can help you negotiate a settlement. The costs of full representation will also be discussed with you, as payment plans are available if required.

Introduction If you are reading this, you might be wondering if what you are experiencing can be considered “workplace harassment” or “workplace bullying”. Most of us heard about it discussed in the news, reports of people getting charged with harassing somebody they worked with, or heard others complain about getting “harassed” at work. Maybe you are experiencing something at work or in your workplace that is bothering you, worrying you or creating a major sense of tension. First, let’s review what workplace harassment is. What Workplace Harassment Is and What It Is Not Depending on where you look, workplace ‘harassment’ has many different components. There are many laws that cover different forms of workplace harassment and obligate one’s employer to address particular types of harassment. For the sake of simplicity, we will not be covering the details of various acts and leading cases that helped define where the line is drawn between ‘workplace discipline’ and ‘workplace harassment’, although we will continue to provide further articles under the heading of Employment Law over time to assist readers in understanding issues about “workplace harassment”, among many other issues connected to employment and your workplace environment. On its own, workplace harassment and bullying is not: Providing a less than stellar performance review; Providing constructive criticism about how you are carrying out an essential duty of your job (if there is something that can be taught, changed or improved); Requesting that you perform some aspect of your job that is clearly within your job description and is reasonable for you to carry it out at the time; Providing progressive discipline for performance or conduct issues (e.g. lateness, absenteeism, missing deadlines, conduct on the job or in situations where it may be reasonable that you are representing the company, such as at a conference or perhaps not meeting minimum expectations after given time to improve); Disagreeing with you about a key aspect of your work and deciding that the company will not support your position (within reason); and Actual disciplinary or termination proceedings with cause, or after a series of reasonable warnings, etc. However, many of these elements may be part of an environment where you are also subjected to ongoing harassment or bullying, examples of which are outlined below. In general, workplace harassment is defined as an engagement in any act, course of vexatious comments or conduct towards a worker that the one engaging knows or reasonably should know that the act, comments or conduct is unwelcome to the worker. To define this conduct as harassment, the conduct, comments or actions should be something that is repeated, persistent or even escalating over time. An employee’s attempt to stand up to the perpetrator is often met with threats against them in their job, such as disciplinary action or outright termination. Harassment can appear in different forms, such as a sexual nature, particularly if the person engaging in this conduct is in a supervisory or influential position over the worker’s position with the company. It doesn’t have to be a direct supervisor, but it can be anybody that has the ability to adversely influence the course of one’s future employment. However, there are many other forms of harassment that might not be sexual in character. For example, your employer may openly attack your work in front of colleagues, set unreasonable standards on your work, deliberately leave you out of discussions concerning your job, or spread unfavourable and untruthful gossip among your colleagues about you. Some of this harassment can cross the line into bullying, examples of which can be where your supervisor or manager unilaterally and significantly change your working conditions, e.g. adding a major commute you did not have before to your “new” position at another location they suddenly want to send you (with no added compensation or appropriate notice/discussion), removing significant areas of your authority that you previously had (and unilaterally giving these decisions to somebody else), constantly criticizing or berating your work or professionalism in a public manner (e.g. in front of coworkers or other colleagues). Other forms of harassment and bullying can be simply allowing or condoning coworkers to ostracize you or create a “poisonous” environment. At times, there can be outright violence in a workplace, condoned by the employer. Again, the telling characteristic of this type of harassment is that it is not a single incident, but something that is often repeated and at times, escalating over time or when the perpetrator is challenged. It is evident that you are likely being harassed and bullied that if you challenge the conduct of the individual concerned, that reprisal from the perpetrator is often immediate and severe. For example, if you are being exposed to constant criticism, belittled and many of your responsibilities unilaterally removed, and you choose to stand up to the perpetrator or to their manager, your job is suddenly at risk or more severe harassment is engaged in by the perpetrator or others in an attempt to get you to quit. In addition to protecting you from (and not engaging in) harassment and bullying, your employer is also obligated to protect you on the job or worksite from others that may interact with your workplace, legitimately or otherwise, who can impact on your personal safety and security. Your workplace is also responsible for setting policies and procedures in place to prevent others from coming onsite to harass, threaten, injure or otherwise cause distress to you. These people can include angry, disgruntled customers, an ex-spouse seeking to confront you at your workplace, or others whom may intend to injure or harm you and/or others at the workplace. Your workplace should also provide training to all of its staff as to how to handle people that may be disruptive, potentially violent onsite or even over the phone or other communications. I Believe I May Have Been Harassed/Bullied. What Can I Do About It? Obligations of Employers All businesses must have a policy that protects its workers and the workplace (which can also include work being done for the employer off site as well) from harassment, bullying and potential acts of violence, and in companies of a certain size, a step by step protocol needs to be set out to deal with the alleged harassment, bullying and violence. In many cases, an employer can retain the services of a lawyer, a labour consultant or human resources consultant to conduct a workplace investigation. How a workplace investigation is carried out is very specific in how information is solicited and what the rights of different parties are during such an investigation. In general, an employee can utilize the steps spelled out in the workplace policy. Such a policy should be known and made available as needed to all staff and supervisors and managers. The contents of such a policy might vary considering the size of the company, number of locations, nature of its business, organizational structure and areas of vulnerability. Areas of vulnerability are where workers can be more prone to be exposed to violence (e.g. working alone at a convenience store, protecting valuable or sensitive property, providing transportation of persons or goods, working with a specifically volatile client group such as persons with addictions or mental illness, etc.). Dealing with harassment and bullying also needs to be dealt with in a companion policy, as such incidents are more likely to happen within the workplace and are reported internally. If your employer does not have such a policy and is of a certain size or larger, a complaint can be filed with the Minister of Labour. The Ministry can investigate the lack of a policy and/or relevance of a “policy” for workplace harassment, although they could not make orders as to the specific form and content of such policy or the merits of any particular complaint a worker may have for such a policy to be applied to. If your employer does have a policy about harassment and bullying, you may wish to follow its protocol. Once the initial report or complaint is filed, your employer must take steps to follow through on your complaint by either investigating it or bringing in an outside party to assist with this. After the investigation is complete, you should be made aware of what the findings were and what will be done, if anything. If you have a union representing you in your workplace, you should also file a grievance. Your union would also be familiar with your workplace policies and unionized workers have the right to have a union representative attend any meetings they have with management with respect to any workplace issue. A worker can insist on having their union representative in attendance before any such meeting starts. A union representative can also assist you with filing any grievances that might arise from alleged violations of this policy. A later article will detail how to deal with your union and what happens if they fail to help you, or if they become part of the harassment. What Can I Do if I Am Not in a Union? If you are not in a union, you need to do the following: 1. Do not quit or resign from your job. If you quit or resign at this point, it will be harder to prove your case. You may also lose access to extended termination pay and other payments. 2. Do seek legal advice immediately. This will help you protect your rights in the event you might be immediately put at risk. 3. Continue to go to work as long as you can tolerate it. While you are there, document everything. Start a log. Get copies of any emails sent to you, sent by you and other letters or documentation that you have access to at this time. Keep a timeline of what happened, dates it happened, who was involved, etc. 4. Keep your files and copies of emails, documents, your personal work reviews, etc. at home and not at your workplace. 5. If you can no longer tolerate your workplace, you need to go on leave. Your employer cannot stop you from going on “sick leave”. Make sure you visit with your doctor, get appropriate medical care and a request for sick leave for a specific period of time (due to stress at work, whatever). Apply for any benefits your employer offers, such as short-term disability (as you are probably very distressed and mentally fragile if you have to leave the workplace situation). If your employer doesn’t offer short term disability benefits, apply for EI sick benefits . 6. If you need more time away from work, your doctor can extend your leave. 7. If your employer decides to terminate you, or harass you while you are on sick leave or tries to make things further difficult for you, they are only getting themselves deeper into trouble and you might be able to claim additional damages in a claim against them. However, your employer can inquire as to a return date if your doctor’s stated leave period is almost up and you did not renew. Cooperate with your benefits provider and/or EI as to any further information they require. What Happens Next? Sooner or later, something will happen, where you will need to seek legal help. You can file an immediate claim for constructive termination. The courts have allowed claims for “constructive termination” in situations where the employer does not actually terminate the employment relationship, but the situation is dealt with circumstantially as though you had actually been fired. This happens in defined cases (as set out by the courts) where an employee has been bullied and harassed to the point where it is impossible for the employee to continue working at their employment. If you wish to pursue this angle, legal advice is necessary. If you are in a smaller workplace and the only “manager” is your boss and your boss is doing the harassing and bullying, there are other steps you may take. If you followed the employer’s protocol and policy with no resolution to your issue, you have other options as well. One might be a complaint to the Ministry of Labour, but as stated above, the inspectors are only empowered to ensure your employer has a policy that deals with harassment and bullying, but will not ascertain its effectiveness or adjudicate the merits of your case. However, if you believe your employer violated any specific area of the employment standards law, such as unpaid wages, overtime, refusing personal days off, etc. and has threatened you or committed any type of reprisal against you for trying to enforce your rights, you can complain to the Ministry of Labour about the specific violations themselves (e.g. such as not getting paid for overtime, not re-hiring you after a pregnancy leave, refusing personal leave days, etc.). If you are unsure if your employer is following the law, contacting the Ministry might be a good first step. If you wish to proceed this way, it might be a good idea to seek legal advice prior to filing a complaint of this type because you may be barred from other types of litigation. If the workplace bullying or an act of violence at work led to significant mental and psychological distress, you may also have a separate claim under the Workplace Safety & Insurance Act (WSIA) (as some types of mental distress claims can be deemed eligible for compensation under this Act). However, a claim under this Act arises from very specific circumstances and legal advice is necessary if you are considering a claim under WSIA. If you believe that your employer has harassed or bullied you because of a specific personal characteristic, such as your sexual orientation, your mental or physical disability, your gender or for related reasons, you may have a case under the Human Rights Code. If the nature of the attacks do not appear to be related to anything on human rights grounds, but are still nevertheless distressing or even lead to constructive or actual termination, there is also the potential for civil litigation in court.  Because employment law and the different ways of enforcing your rights is very complex, it is best to seek legal advice to discuss which avenue would work best for you. This is also important because many times, you are not allowed to have your case heard through more than one forum. For example, in most cases if you are taking your employer to court, you cannot also go through another avenue such as Employment Standards Branch. In other cases, it may be advisable to use the Human Rights Tribunal if you feel the major concern is that you were harassed or discriminated against on the basis of personal characteristics, such as your gender, racial/ethnic background or disability. Because of varying limitation periods, notice requirements, as well as other procedural issues, it is best that if you feel your case might fall under ‘workplace harassment’ or ‘workplace bullying’, you contact us at Invictus Legal LLP to review your case with you in person.

What is the Ontario Disability Support Program (ODSP)? ODSP is a program of the Ontario government that helps to financially support persons that, due to a disability, cannot work or earn enough to support themselves. It provides both a basic income as well as health benefits, such as drug coverage, dental and certain other benefits that cover the needs of people with disabilities. Many people with disabilities that are legitimate have difficulty getting this benefit.  To get ODSP, you need to go to your local Ontario Works office, or in some cases, directly to ODSP, to be financially assessed. This means you need to find out first if you are “poor enough” to get ODSP benefits. This would include any earnings and assets of your spouse, if you have one, or any of your children (who live with you) if they are over eighteen years of age and not in school full-time. Some changes have recently been made to the program that allow more assets to be retained by the “benefit unit” (which is usually the total of people living in your household). There are also other exemptions, where even if the particular asset is worth more than what is allowed on ODSP, it won’t be counted as an asset when you go in to be assessed financially. These limits and exemptions are relatively complicated, so it is best to ask somebody with legal expertise in this area before you attend a financial assessment meeting. After your financial assessment meeting, you will be given a Disability Determination Package, which must be filled out by your doctor, psychologist, nurse practitioner, audiologist (for deafness) or occupational therapist (for various physical limitations). Most people go to their family doctor or a specialist who deals with their primary health concern. There is also a Self-Report section for you to fill out to add your perspective as to how your health and disability issues affect your life. I strongly suggest people attempt to fill this section out, but only after the medical provider completes their section. After this is done, you mail in your completed and signed Disability Determination Package to a department of government called the Disability Adjudication Unit (DAU). This department is headed in Toronto and staffed by people with health assessment knowledge. Many are OTs, nurses or other medical professionals. They review your application forms and decide if you meet the criteria of being a “person with a disability”. If you do meet these criteria, there is no need to contact us, as your local Ontario Works or ODSP office will contact you and start you on the program. You will be entitled to retroactive pay making up the difference between the monies you were receiving before your application and what you will be getting on ODSP. These monies go back to when your completed application was received by ODSP. For example, if your application was received on May 20, 2022, your retroactive pay will go back to June 1, 2021. What if I am turned down for ODSP Benefits? This happens quite frequently, even for people with serious or substantive disabilities. This is because all the staff at the DAU have available to them to make a decision is the medical submitted by your doctor. You would receive a letter explaining that your denial was because “you are not found to be a person with a disability”. This means you have up to thirty days to apply for what is called an “Internal Review”. This is also sent back to the DAU, which will pick another adjudicator who was not involved in the first decision to look at your application and then see if they support or overturn the original decision. The decision is overturned only a few times because, at this stage, there is usually not a lot more medical information to submit. After the Internal Review is completed, you will receive a letter with a decision. If you are still turned down, then you must appeal the decision to what is known as the Social Benefits Tribunal. The Social Benefits Tribunal is made up of people who are knowledgeable about the law regarding ODSP and disability issues, and are independent adjudicators. They do not work for or get paid by ODSP to work for SBT. If you appeal to this Board, you will get a hearing in about a year’s time, where you and preferably, a legal representative, can appear before it to argue why you should qualify for ODSP Benefits. The benefit of having a legal representative assist you at this stage is that they know about the time frames in which things need to be submitted, as well as what kinds of arguments to make that are more likely to get the Tribunal to decide in your favour. Many times, your legal representative will secure documents from your medical and health care providers, as well as provide a summary or further information about your disability (particularly if you have an unusual health condition). How can we help you with your ODSP Claim or Appeal? Invictus Legal LLP has a representative with more than twenty years arguing before these tribunals and has been largely successful in helping people obtain benefits. Give us a call today if you are appealing a decision by ODSP at (905) 688-5598. We also assist people who are already on ODSP fight other issues they might face over the course of time they are on ODSP, such as overpayments, arbitrary reductions, suspensions or cancellations of benefits, as well as numerous human rights related issues tied to ODSP rules and regulations. We have been involved at the legislative and political level as well in making changes for not only ODSP, but for the whole system as to how people with disabilities are treated by society.