Our Take on Things

Where are you reading this Blog? Are you reading it on a Smart Phone or Tablet while you’re away from your real office, or are you slaving away at your desk and using your work PC?

Maybe it’s just because it’s July, but the news lately is fully of studies proclaiming the demise of vacations and the refusal of people to take time off work because it stresses them out.

The legal profession, just like most professions, has been talking “work life balance” for many years, though most lawyers will admit their balance is tipped in favour of work. Does technology help this or hurt it?

Our firm has been discussing this concept a lot lately as different people head off on week long vacations or extra long weekends off. As a lawyer, I don’t turn off my technology completely anymore, except for one week in the Spring when I generally travel somewhere remote with poor internet access. I find that one week particularly relaxing and admit to being more refreshed coming back from that trip than ones where I monitor my email.

However, I’m completely prepared to trade being “less refreshed” for being away more frequently. While I’m still on call and working (and I will confess I do enjoy working on campsites while sipping a cup of freshly brewed coffee from a Coleman stove) my family is not and time away with them is nothing I would ever trade.

I recently found (probably due to the season) that campsites are the most conducive place to sorting out complicated arguments – maybe it’s the surroundings, or just the quiet, but those factums that were driving me crazy in the real office, become straightforward, succinct arguments when tackled in the woods.

Some people at the firm, in fact most, say they would prefer to monitor email while away to avoid the stress of a big inbox when they return. In the internet age, that is the reality – reducing your stress on vacation is a personal thing, if checking in on your email relaxes you, then go ahead and do so.

I’m not sure there is a perfect work/life balance that can be attained, however, using technology to be able to work while having a life is a nice benefit of living in the Internet Age.

Inga B. Andriessen JD

So, in case you have not heard, Toronto got a lot of water on Monday, July 8, 2013.

The West End of Toronto was hardest hit and our firm is located in that end.

Thanks to the heroics of Toronto Hydro, our firm was up and running very soon after the flood, however, the same can not be said of our Internet provider: we use Rogers.

You know, Rogers Communications – the Canada wide company that controls many aspect of the media in Canada.

We expected that Rogers would have a disaster plan in place that would never leave our firm without internet for over 24 hours. We were wrong.

Our firm has a disaster plan and it would have been executed fine, had our internet provider had one.

Now we will create a new disaster plan, it will involve a backup internet provider and perhaps a new main provider. The first question the new provider will be asked is what their disaster backup plan looks like.

I applaud all of the first responders who did their job during the flood and dealt with the far more pressing issues than internet for a business. However, Rogers is in the business of providing internet for business and it should have made restoring that a priority.

Inga B. Andriessen JD

I came across a Blog recently that talked about an American law regarding Poisoned Workplaces and how “not everything your boss asks you to do is poisonous.” The article suggested employees should contact their boss before a lawyer when alleging a poisoned work environment.

In all business law issues that immediately spring to mind, talking to the other side before contacting a lawyer is excellent advice. Yes, I said that.

If you can resolve a dispute with an employee, supplier or customer without using our firm, you definitely should: it is less expensive and generally leaves everyone with a better feeling about their relationship.

Even if you can’t resolve the issue on your own, talking shouldn’t end there. Our firm is often able to resolve issues by negotiating with opposing counsel before law suits are issued.

Once law suits are issued, certain claims have mandatory mediation – which is essentially, Court imposed “talking to the other side”.

All law suits have pre-trials and once again, this is Court imposed “talking to the other side”, but this time with a Judge guiding the conversation.

As 90% of all law suits end in a settlement before trial, clearly, much good does come from talking, it just requires a lawyer who can convince the other side to listen.

Talking. To take a line from Martha Stewart “it’s a good thing ” … particularly if it saves legal fees and speeds up a resolution.

Inga B. Andriessen JD

Finally, the sun appeared in the GTA, as did the humidity and the whining of high school students writing exams: summer is here. As soon as the temperature rises, many business get that “summer feel” about them, but that doesn’t mean they should take a vacation from legal issues.

With the hot weather, the same issues that the teachers have been dealing with this past month, often arise in business: appropriate attire. If your company does not have a written dress policy, you should think about putting one in place. The dress policy will allow you to convey expectation regarding dress without targeting individuals. Targeting individuals can often head you down the road to a wrongful dismissal lawsuit or human rights complaint.

The Occupational Health & Safety Act details obligations of employers to maintain a safe work environment: if the heat has increased inside, you must ensure it is still a safe work environment.

Legal time limits for law suits continue to run through the summer: if you have an issue you are considering pursuing in the Courts, meet with your lawyer now, not just in September.

Finally, continue to practice 30-60-90 Sue throughout summer as you do not want to find yourself at the end of summer with a negative cash flow.

Here’s to enjoying the heat and all the good things that summer brings with it!

Inga B. Andriessen JD

If you’ve been listening to Talk Radio in the GTA this year, then you’ve heard the ads by lawyers encouraging employees to see them if they have an issue with their employer. These ads have contributed to a large bump in litigation against Employers.

So, what can you do to protect yourself from this type of litigation?

1. Ensure all employees have an employment contract that limits the amount of Notice they are entitled to upon termination without cause to the minimum under the Employment Standards Act;

2. Have formal harassment policies in place and follow the procedures in the policies;

3. Conduct annual workplace violence audits as well as have and apply workplace violence issues.

4. If you have Long Term Disability coverage available to your employees and an employee is off for a period of time, ensure you remind the employee of the availability of the Long Term Disability coverage.

While you can never protect yourself 100% from being sued, you can at least, reduce the monetary exposure to your business if you are sued.

Inga B. Andriessen JD

Last week there was an announcement from the Ontario Government: the number of Teacher’s College openings will be cut in half. The announcement was due to a “large glut” of teachers on the market.

Many people who are not teachers were shocked to read about the “glut”.

Well, if you think there is a glut of teachers, wait until I tell you about the glut of lawyers. Seriously.

In order to be a lawyer in Ontario you can either attend a Canadian Law School or be a foreign trained lawyer who passes the NCA exams and then the Bar Exam. Many Canadian born students cannot gain admission to a Canadian law school due to the competition to enter so they travel abroad, obtain a degree and then go the NCA route.

A Canadian Law School student, who funds their entire education on Student Loans, can graduate with $75 000.00 in debt. Currently 80% of those graduating and the foreign trained NCA graduates are unable to find a Articling Position, the final key to becoming a lawyer. The Ontario Law Society is implementing an alternative to Articling shortly, however, many consider that a two tier system – the best and brightest will Article, the rest will not.

We have just added a new Law School in Ontario, this will add more, but not that many more lawyers each year – this cannot continue.

A “simple” solution to the glut of lawyers is to have one way to become a lawyer in a Canadian Province: you must be a graduate of a Canadian Law School, you must Article and you must be called to the Bar. The one way option would be available to foreign trained lawyers as well, they simply have to compete with everyone else for Canadian Law School positions.

I’ve head the argument that just because you get a law degree, does not mean you intend to practice law. That might be true, but if that is not your true intention, study what you do intend to do.

Let’s help the students of the future with their career planning in all professions, not just teaching.

Inga B. Andriessen JD

The Globe & Mail reports today that:

“Laurel Broten, Ontario’s minister responsible for women’s issues, said Monday her government is working with the Ontario Securities Commission to find ways to compel companies to hire more women in senior positions.”

As a female Law Firm owner, who employs both men and women, I find it insulting to those of us women who are able to make our way in the business world without special help.

Our Law Society thinks women need special help too – apparently women cannot do what I ( a woman) have done without special help. It’s amazing I’ve made it 20 years without special help.

To be clear, I have never needed special rules to force clients to hire our firm, I simply ensure we do a good job and let our reputation speak for itself.

Women will fill the upper echelons of corporations once they decide that is their priority. However, many women are choosing different career paths and priorities: by the way, so are many men, and that is o.k.

So, dear Provincial Government, please allow companies to hire the best individuals for their positions, without regard to race, gender, etc. This actually does happen as shareholders want the best return on their investment and they don’t care what gender the person guiding those results is, they just want the results.

Equality means treating us all equally, not giving women special rules.

Inga B. Andriessen JD

Our firm, though located in Toronto, ON, starts most of its law suits in the Town of Milton, located approximately 30 minutes west of Toronto. Today, as I sat in Toronto’s Motion Scheduling Court for almost 3 hours, to stand up and book a date (lawyers are required to attend in Robes) I was reminded why we prefer Milton and why our clients enjoy the fact that we prefer Milton.

In order to show the impact of how the two court houses operate, I’m going to take you through the process in each Court House for a simple collection law suit on an unpaid invoice of $ 75 000.00 that is defended with the simple defence “I never received the goods” . We will assume we have a signed delivery receipt in the possession of the plaintiff.

Let’s start off with Milton:

1. Claim is issued and served May 1, 2013.
2. Defence is received May 21, 2013.
3. Affidavits of documents are exchanged by June 21, 2013.
4. We bring a motion for Summary Judgment at the earliest available date for a three hour motion, September 13, 2013.

Time to judgment from date of service: 4.5 months

Here are the comparable times in Toronto:

1. Claim is issued and served May 1, 2013.
2. Defence is received May 21, 2013.
3. Affidavits of documents are exchanged by June 21, 2013.
4. Attend motion scheduling Court July 11, 2013. (this will add at least another $ 1000.00 in legal fees not incurred in Milton)
5. We bring a motion for Summary Judgment at the earliest available date for a three hour motion, August 2014.

Time to judgment from date of service: 1 year, 3 months.

In addition to the quick time to trial, Milton has friendly Court staff and an excellent panel of Judges who are great at adjudicating Business Law Issues – it’s worth the drive to Milton for many reasons.

Inga B. Andriessen JD

The Niqab ruling is back in the news again – after a Supreme Court of Canada decision that “determined” the issue had to be addressed on a case by case, the Judge decided the defendants’ lawyer and Court room staff have the right to see the face of the accuser during cross-examination.

As I’ve mentioned before, I’m a trial lawyer – cross-examination is part of what I do.

If I were not permitted to see a witness’ full face during cross-examination I would not have the full expression to evaluate the answers to my questions – it would be like the person was answer questions through a mask. Yes, I would still see the eyes, but a smirk, a smile, a sad face, a look of agony – no, none of that would be seen and all of that matters.

The accuser in the Niqab case is appealing again, as is her right. We will, once again, wait to see what the Court has to say on the issue.

Inga B. Andriessen JD

Our firm is made up of more than three lawyers and a talented paralegal (the lawyers are talented too). We have a wonderful group of people who work behind the scenes to ensure we get everything done in a timely, spell corrected fashion.

This is the official week that celebrates Admin Professionals and we have a lot to celebrate.

Christine is our Law Clerk (not sure is that is technically an Admin Professional) and she keeps Scott and I organized and on track. Christine has been with the firm 13 years in August – she is amazing as she both supports us as well as handles all the Clerk work – what a star!

Christol has been with the firm 6 years, next month. Christol has the challenging task of working with Paul and Murray – going between Superior Court and the Small Claims practice can be difficult to navigate, but she handles it with ease. In her spare time Christol is completing the Law Clerk course which will only add to her talents.

Elisabeth is our receptionist and file clerk – two very important positions in one. In October it will be three years since the most educated member of our firm has joined us …. seriously, she has two Master’s degrees and if the bottom had not dropped out of the market for Medieval studies we wouldn’t have her with us. Elisabeth makes sure everyone feels welcome in our firm and we appreciate that greatly.

So there you have it – our amazing team.

If your company has Admin Professionals that you appreciate, make sure you let them know, not just this week, but throughout the year – your work will flow smoothly and a happy work environment is a productive one.

Inga B. Andriessen JD