On April 7, 2016, James Cameron presented on “When Mental Health Interferes with Work, What You Need to Know”, an Infobytes session presented by the Association of Professional Executives of the Public Service of Canada (“APEX”). Together with registered psychologist, Dr. Ron Seatter, James spoke on the legal and medical issues that arise when mental health issues interfere with work. The session included information on rights, entitlement, time limits, coverage and sick leave, from a legal perspective. The presentation also addressed information on what types of issues might result in a need to see a psychologist versus a psychiatrist, paperwork and/or reports which might be required, what happens if an insurer denies a claim, appeal rights, and what kind of expert evidence might be required if a dispute goes to court.
Category Archives: Resources
Morgan Rowe Presents at OBA Conference on Human Rights
On May 30, 2016, Morgan Rowe presented at the Ontario Bar Association’s Annual Update on Human Rights. Morgan was part of the panel on workplace human rights issues and spoke about the obligation of employers to inquire into whether an employee requires accommodation for a disability before taking action like discipline or termination.
Morgan Rowe Interviewed on Disability Beat Radio Program
On March 28, 2016, Morgan Rowe spoke about disability rights and her book, Exploring Disability Identity and Disability Rights Through Narratives, on Disability Beat. Disability Beat is a radio program about and for people with disabilities, emphasizing social justice, community supports, inclusion and accessibility.
The program is available to listen to here.
David Yazbeck Moderates Panel on Workplace Surveillance
On May 31, 2016, David Yazbeck moderated an audio conference for Lancaster House dealing with issues of workplace surveillance, including balancing employee privacy rights with employer rights, conducting computer surveillance at work, and monitoring off-duty social media use.
More information about the audio conference is available here.
Morgan Rowe Presented on Accommodating Disabilities at U of O Law School
On April 6, 2016, Morgan Rowe spoke in the University of Ottawa Law School’s class on Disability Rights Law. She addressed issues related to disability accommodation in employment, education and transportation and also discussed how accommodation processes themselves can create barriers for people with disabilities.
David Yazbeck Joins Board of Directors for CARFAC
David Yazbeck has joined the Board of Directors for CARFAC, Canadian Artists’ Representation/Le Front des Artistes Canadiens. CARFAC is a certified association representing visual artists across Canada.
David Yazbeck Re-Elected as an Institutional Board Member for the Workers’ History Museum
David Yazbeck was recently re-elected as an Institutional Board Member for the Workers’ History Museum. David’s re-election continues RavenLaw’s long-standing support for the Workers’ History Museum. In addition to David’s role as a Board Member, RavenLaw has been an institutional member of the Board of Directors for a number of years.
The Workers’ History Museum was founded in 2011 with the goal of developing and preserving workers’ history, heritage and culture in the National Capital Region and Ottawa Valley.
Office Closure for Canada Day
Our office will be closed on Friday, July 1st for Canada Day.
Federal Court of Appeal Confirms that Amounts Earned by a Dismissed Employee are Deductible from a Damages Award due to Mitigation only if they are Referable to the Loss for which the Damages are Awarded
On April 26, 2016, the Federal Court of Appeal rendered its judgment in Bahniuk v Attorney General of Canada, 2016 FCA 127, allowing the appeal from the judgment of the Federal Court and setting aside a portion of a remedial award made by an Adjudicator of the Public Service Labour Relations Board. The appeal related to the Adjudicator’s decision to reduce the award for compensatory damages for unjust termination by all monies earned by the employee, Stanely Bahniuk, between the date of the termination and the date of the Adjudicator’s decision. This reduction was made by the Adjudicator despite the fact that Mr. Bahniuk did not earn income during the 14-month period to which the compensatory damages related.
In its decision, the Court confirmed that amounts set-off from contractual damages on account of mitigation must be referable to the loss for which damages were awarded. The Court was satisfied that the Adjudicator unreasonably set-off the amounts earned by Mr. Bahniuk in the time after the 14-month period for which he received compensatory damages for the unjust termination.
Mr. Bahniuk was represented by Andrew Raven and Amanda Montague-Reinholdt of Raven, Cameron, Ballantyne & Yazbeck LLP.
Kim Patenaude a Feature Volunteer for Reach Canada
Ravenlaw’s Kim Patenaude is honored to be a “Featured Volunteer” on the Reach Canada website. Kim has provided presentations for REACH on various topics such as the Duty to Accommodate and the Respectful Workplace. Kim also provides pro bono legal services through REACH’s lawyer referral service. REACH has provided this service and public education for individuals living with disabilities since 1981. Ravenlaw is a long-term, proud supporter of REACH.