John K. Donkor

Those in the healthcare and social services space in Quebec should know about their new statutory obligations starting as of July 1, 2024 => Here is the scoop As of July 1, 2024, most of the obligations in the Act respecting health and social services information have come into effect (containing comprehensive #privacy obligations). ✅ Here are key highlights: 1️⃣ => Health and social services information (HSSI) is defined broadly (such as a person’s physical or mental health, medical history, biological material, health services or social services provided to a person, etc) 2️⃣ =>  You have specific governance requirements such as implementing safeguards, managing consent, performing privacy impact assessments, keeping logs of all accesses to HSSI, and more. 3️⃣ => Entities that provide services to HSS bodies must have written agreements in place with prescribed data protection terms The sanctions can also be pretty significant, ranging from $1,000 to $150,000, depending on who committed the offence and its nature. ✅ Bottom line: If you are in the #health and #socialservices space and subject to this Act, you should take the proper measures to comply with this Act. Good luck! #dataprotection #healthcare #quebec

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Harpreet Dosanjh will Chair panels on Effective Communication in Mediation, and the Role of Counsel and Third Parties at the 2024 ADR Institute of British Columbia Symposium on June 3, 4. These seminars will provide mediators and arbitrators tips and strategies from world class experts on how to improve their chances for a successful mediation, resolve high conflict scenarios, handle multi-party disputes and manage the involvement of non-parties. Learn more here: https://lnkd.in/emE4k2iN #Mediation #Mediators #Arbitration #DisputeResolution

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#Bill149 is reshaping Ontario's employment landscape, ushering in a new era of workplace regulations. 💼 From mandated salary transparency in job postings to required disclosures about AI use in hiring processes, these updates are set to transform how businesses operate. Dive into our latest article by Andrea McCrae Marsland and Luisa D'Alessio to understand the full impact of these changes and ensure your workplace remains compliant and competitive. https://lnkd.in/gvbnPcR2

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Some law firms will take your money even if they know they can't win your case. → We're not one of those firms. Most personal injury lawyers in Canada work on a contingency fee basis. This means they only get paid if you win your case, ensuring that legal representation is accessible to everyone, no matter their financial situation. When lawyers work on contingency, it aligns their interests with yours. They are motivated to win your case because their payment depends on it. By working with a personal injury lawyer on a contingency fee basis, you: → Don't have to worry about paying any legal fees upfront. → Know they are highly motivated to achieve the best possible outcome for your case. → Can focus on your recovery and well-being So, don’t let myths stop you from getting the justice you deserve. Because at Millars Lawyers, we pledge to not take a penny of your money if we can’t help you. PS If you’ve thought about hiring a lawyer and didn’t, what stopped you?

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Imagine being suspended from work and left in the dark about misconduct allegations. What are your rights, and how can you prepare? Daniel Lublin shares essential insights in The Globe and Mail. Read more - https://bit.ly/3WF7IDs #workplacerights #employmentlaw #legaladvice #workplaceinvestigation

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Another recent but quietly announced quality-of-life change for Supreme Court of Canada practice is that the SCC now wants all printed copies of documents to be double-sided. This used to only apply to books of authorities and condensed books. Pros: saving trees & physical storage space. Cons: having to add physical number tabs to a double-sided document can be a nightmare. This marks the end of an era of requiring documents with "printed pages facing up on the left", which was probably the weirdest thing the SCC required. I believe it was so it was easier to write on the blank backside of a page if it was on the right. https://lnkd.in/eFnB-SCp

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CASE LAW UPDATE - 2024 FC 676 The Federal Court has instructed the Canada Border Services Agency (CBSA) to conduct a new workplace investigation, appointing a different investigator this time. This decision follows extensive allegations from a veteran border guard about enduring workplace harassment and violence. C.M., who joined the CBSA in 1994, reported experiencing various forms of mistreatment, including hate crimes, discrimination, physical assaults, and derogatory behaviour from supervisors, over a 25-year period from 1995 to 2020. In January 2023, a CBSA report concluded that none of these incidents constituted workplace harassment or violence under their guidelines. As a result, no preventive measures were taken, and the case was closed. Dissatisfied with the investigation’s findings and process, C.M. filed a judicial review, arguing that the investigation was procedurally unfair. The Federal Court sided with C.M., describing the process and final report as "fundamentally flawed" and ordering a new investigation by a different investigator. Visit the link below to read the full article! https://lnkd.in/dKZ-AhSY #CaseLaw #LabourLaw #BCLaw

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BC undermining lawyer independence with Legal Professions Act: LSBC, CBA BC Branch. Legislation combines notaries, paralegals, and lawyers under one regulator. https://hubs.la/Q02tlN510

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BC undermining lawyer independence with Legal Professions Act: LSBC, CBA BC Branch. Legislation combines notaries, paralegals, and lawyers under one regulator. https://hubs.la/Q02ttHyY0

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Soberlink is a private breathalyzing service that permits ongoing and real-time monitoring of blood alcohol content. In family law cases, the service is often used before or during a parent's parenting time to ensure sobriety when caring for children, with the results sent in real time to the other parent. Although a very useful tool, there is not a lot of authority on their reliability or use. In this case, Justice Hardwick confirms that Soberlink records are per se admissible for the truth of their contents under the business record exception to the rule against hearsay. "[67]         The Soberlink reports are, I conclude, admissible as a business record. The only authority I was directed to which is contrary to this conclusion is a decision from Texas: Cox v. State, 446 S.W. 3d, 605 (Tex. App. – Texarkana 2014). Obviously this authority is not binding on me and with respect to that Court, it does not appear that the issue was thoroughly canvassed" ... [72] The Soberlink reports are unquestionably made contemporaneously. That is obvious from a review of the reports. They are taken in the ordinary course of business as the entire purpose of the Soberlink service is to monitor BAC of the participant. The reports generated from the monitoring are clear and easily understandable on their face. The only possible argument which has any merit is with respect to the requirement of personal knowledge. It, however, is an essentially automated system which can be analogized to an ATM bank machine. Bank records from bank accounts where parties have utilized ATMs are routinely accepted in family law matters and quite obviously the ATM does not have personal knowledge of the matters being recorded." J.L.M. v. G.G.M., 2024 BCSC 908 https://lnkd.in/g2WdrQQw @connectfamilylaw

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A recent Ontario court decision provides significant insight on the distinction between being an employee and a controlling or operating mind of a corporation. The court also reinforces the importance of companies obtaining signed releases from workers in the context of company sale purchases. In their blog, Steven Dickie and James Dunn provide their analysis of this case and its implications for founders, owners, employers and purchasers of companies. https://ow.ly/zMC050UhEke #employees #employers #controllingmind #operatingmind #noticeoftermination #release

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The Law Society of Ontario (LSO) has published a new guide to assist lawyers and paralegals navigate the complex issues of capacity in the context of a legal retainer. https://lnkd.in/gSvG4Y4d The new guide is split into 8 sections, and provides information on: 1. The Law Society’s requirements 2. Understanding legal capacity 3. Recognising duress and undue influence 4. Conducting capacity assessments 5. Addressing red flags 6. Recommended steps 7. Related resources 8. Practice area guidance The purpose of the guide is to provide legal practitioners with basic foundational information and support to navigate concerns regarding a client’s capacity to provide instructions or make decisions in the context of a legal matter. It is not a substitute for a licensee’s own legal judgment, rather it is a helpful resource which expands upon guidance already found in the LSO’s Rules of Professional Conduct regarding the lawyer-client relationship and a client’s capacity. The LSO’s new guide is practical, concise and will be of considerable assistance to lawyers who do not typically encounter capacity issues with their clients or who are new to understanding legal capacity. Moreover, many licensees in Ontario are sole practitioners and do not have ready access to subject matter experts to point them in the right direction when these issues arise.

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What are step-parents' child support obligations in Ontario? 👪 Check out our blog where we explain the principles guiding courts' decisions and the factors influencing support amounts: https://ow.ly/w9nh50Rglmm

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