One of the most difficult challenges facing entrepreneurs is a claim filed under Human Rights legislation. Essentially, a claimant has the benefits of government-paid legal counsel without any economic exposure or downside. By stark contrast, to all other litigation or claims against anyone, (all of which involve a claimant underwriting his own case), the Social Justice regime in Ontario tilts the scales of justice with only the Employer suffering financial exposure. The claimant has nothing to lose; the employer faces both severe financial sanctions and virtually no Appeal availability to a more “neutral” adjudication or court. The mere filing of a claim can prompt the employer to immediately question: “What’s it going to cost to get rid of this?”, regardless of the justification. The “Hearing” of the complaint, prosecuted by government-paid lawyers in front of a government-paid adjudicator who all work in the exact same Ministry (neutral? Imbalance?) can result in quasi-criminal, but definitely financial penalties. While certainly abhorrent conduct by an employer does require redress, nevertheless, adjudication of the issues, just like in any other prosecution, either criminal or civil, ought to be handled before a totally independent trier of fact and each party must have “skin” in the game to maintain the integrity and honesty of the process. That is not the current status and the Social Justice Committee urgently needs reigning in. Should you have an issue, please let us know as early as possible as early preventative steps may avoid significant disappointment later.
Often the use of a Corporate Lawyer comes about as a result of challenges in business situations. Peter’s blog has been created to demonstrate the range of business situations that require the introduction of a corporate lawyer early in the process to prevent the often complex problems businesses find themselves in. Short succinct examples on asset protection, estate planning, succession planning and a variety of other matters will be addressed interspersed with some fun tongue and cheek responses to the media on issues of corporate law. Enjoy!