Tamir Litigation Law Firm

Author: annatamir

  • Construction Industry and COVID-19 Protocols

    Construction Industry and COVID-19 Protocols

    On May 1st 2020 Ontario Government made its first announcement allowing some of the businesses to gradually resume operations. By following the proper health and safety guidelines these businesses will be permitted to begin operations on Monday, May 4 at 12:01 a.m.: These include Additional Essential Construction Projects that cover the following:

    • shipping and logistics;
    • broadband, telecommunications, and digital infrastructure;
    • any other project that supports the improved delivery of goods and services;
    • municipal projects;
    • colleges and universities;
    • child care centres;
    • schools; and
    • site preparation, excavation, and servicing for institutional, commercial, industrial and residential development.

    “We are allowing certain businesses to reopen under strict guidelines because we are confident they can operate safely and adapt to the current environment,” said Premier Ford. “While further reductions in the spread are needed before we can begin reopening the province, we have the right framework and the right workplace guidelines in place to do so gradually and safely.” 

    The government, in partnership with Ontario’s health and safety associations, has developed more than 60 guidelines in response to COVID-19. These sector-specific measures will help employers prepare their workplaces so they can be reopened safely and ensure workers, customers and the general public are protected.

    Business owners, project managers and site supervisors are responsible for implementation of proper protocols. Specific policies and procedures must be drafted in order to make sure that in case of audit or inspection the site remains compliant and hence can continue operating. Some of the policies are available to general public on the website of Infrastructure Health and Safety Association (IHSA) , and many of the guidance documents are posted on IHSA site as well.

    However, as per IHSA own advisory, those documents are not necessarily in compliance with provincial and federal employment laws. They also need to be presented in a more straightforward format so that the content is clear and easily accessible.

    Please feel free to contact our firm and we will be happy to assist. Below we have posted two sample COVID-19 related policies for a construction company. These documents are provided for illustration and educational purposes only and are not a substitute for legal advice. Please review full terms of our Disclaimer prior to using these policies.

    COVID-19-Policy-March-31st-2020Download
    Visitors-Policy-COVID-19Download

  • Nervous breakdown at work may get you fired

    Nervous breakdown at work may get you fired

    Nervous breakdown at work can get you fired BUT you can and should protect yourself. Unfortunately when economy gets tough employees are at a higher risk to lose their jobs. Many people face demands to do more and to work longer without additional pay or adequate training.

    As a result, employees often develop severe anxiety, depression and live in constant fear of being let go. Their performance at work suffers and there may be breakdown in family relationships.

    If you feel that the above applies to you, please remember this:

    • You can get fired for poor performance if your employer is not aware you are suffering from mental health issues;
    • If you have a mental breakdown at work you may be fired for “bad behavior” if your employer is not aware you are suffering from mental health issues;
    • You can and should must protect yourself.

    Anxiety and depression are real illnesses. They can be diagnosed and must be treated. Your employer should be aware of this.

    Seek medical help immediately once you are overwhelmed by either anxiety or depression. Make an appointment with your family doctor. Your family doctor can make an initial diagnosis and prescribe treatment. Medication is not the only option. Your family doctor may refer you to a counselling specialist.

    If you have group benefits check if you entitled to coverage for psychological treatment. There are also OHIP covered programs at many Ontario hospitals or / and treatment centers. Please make sure to follow prescribed treatment. Do not underestimate severe damaging effects of untreated anxiety disorders or/ and depression.

    You may be entitled to medical leave of absence due to anxiety or/ and depression. If you have access to disability benefits via your group insurance, ask your doctor if you should apply for those.

    If you suffer a mental breakdown at work or/ and begin self medicate with drugs / alcohol, you are likely to be terminated for cause. This will severely hinder your future job search and will create problems with receiving Employment Insurance Benefits.

    It is much easier to deal with transition to a medical leave due to anxiety / depression then to litigate termination for cause. Do not be ashamed to seek medical help and please do look after yourself.  *Update: On May 5th 2020 Ontario provincial government has created a portal to access free mental health resources for general public, called Find Mental Health Support. 

  • Caregivers, disabled family members and “the system”

    Caregivers, disabled family members and “the system”

    Looking after disabled family member is overwhelming for most people, hence taking some time off to go away is often a must. However before doing so the family must consider the following three very important points.

    1) Before going away, the caregiver / family is obligated to arrange for appropriate care and supervision of their disabled family member to cover their absence. This responsibility rests with the caregiver and not with the disabled person.

    2) Disabled person may feel as a burden to the family and hence he or she will often try to minimize or even hide the extent of their disability. Hence it is not safe to assess the needs of the disabled person based on his or her self report. Family must rely on opinions of the treating physicians and members of the medical/ rehabilitation team.

    3) Overall, families who have a disabled person living under their roof must remember that their obligations towards that person are not that different from those in case of a minor child. This applies regardless of whether the disabled person is of the sound mind. In case where disabled person is refusing care families are encouraged to seek legal advice and/or contact the Ontario Office of Public Guardian and Trustee.

    Section 215 of the Criminal Code of Canada states that an offence is committed if an individual fails to provide necessaries of life to a person under his or her charge if that person is:

    “ Unable, by reason of detention, age, illness, mental disorder or other cause, to withdraw himself from that charge, and is unable to provide himself with the necessaries of life.”

    Necessaries of life refer to those things necessary to preserve life, such as food, shelter, medical attention and protection from harm.

    Caregivers and their elderly and or/disabled family members should always consider all options for support available via provincial and private services, such as respite and short term stays in a residential facility, as well as day programs. First step can be initiating a contact with a local chapter of CCAC/ LHIN , or /and visiting Caregivers information page at the Ontario government website.

  • Caregiver benefits for adults

    Caregiver benefits for adults

    On November 10th 2017 Federal Government introduced EI Caregiving benefits and leave.

    Caregivers who provide care to a critically ill or injured adult family member will have access to a new benefit of up to 15 weeks. This will help more Canadians support loved ones when they need it most.

    Immediate and extended family members of children who are critically ill will, for the first time, have access to a new benefit that was previously available only to parents. It will replace the Parent of Critically ill Children benefit and continue to provide up to 35 weeks of benefits.

    Both medical doctors and nurse practitioners will now be able to sign medical certificates for the existing and new family caregiving benefits, which will simplify the process.

    Through Employment Insurance, you could receive financial assistance of up to 55% of your earnings, to a maximum of $573 a week. These benefits will help you take time away from work to provide care or support to a critically ill or injured person or someone needing end-of-life care.

    As a caregiver, you don’t have to be related to or live with the person you care for or support, but they must consider you to be like family.

    There are 3 types of caregiving benefits: Family caregiver benefit for children, Family caregiver benefit for adults , and compassionate benefit. This type of financial assistance will ease financial pressures suffered by those who provide care to critically ill or injured person, and also to family members who require end of life care.

  • How to choose the best lawyer – For You

    How to choose the best lawyer – For You

    When you are “shopping” for a lawyer, my advice is to use similar criteria as you would when looking for a specialist physician. Below are few points to consider when deciding on which law firm / lawyer to trust with your particular legal issue.

    • Make sure that the lawyer is in fact specializing in the area of law that you need help in. Check out that lawyer’s bio on his’ or hers website. Ask what percentage of practice he or she devotes to your particular field.
    • If you issue is complex, look for a lawyer who spent at least 3-4 recent years working in that field.
    • Do not pay too much attention to whether or not a particular law firm has an “expensive image”, as money spent on advertising is not always related to how successful a particular law firm is.
    • Ask for recommendations but do not rely on them exclusively. Try to do your own research.
    • Lawyers who practice litigation must have skills similar to those of excellent sales people. Knowing how to “sell” their client’s position to opposing counsel is a crucial skill for any litigator. If a lawyer cannot convince you, a potential client, that he or she is experienced, professional and knowledgeable, you better hire someone else. A good lawyer also must be able to communicate with you in a manner that is clear, concise and is easy to understand.
    • Law as a profession is heavily regulated. Law Society of Ontario, an Ontario regulatory body for lawyers and paralegals, has published an excellent resource called Choosing the Right Legal Professional.
    • Last but not least, a good lawyer will make you feel certain that he or she is doing their absolute best to achieve the most optimal outcome on your behalf. You must be confident that everything that can possibly be done to advance your position will always be done by the lawyer you have decided to hire.