The Law At Work September, 2019 (Published in the Hamilton Law Association Journal) With the recent Ontario Court of Appeal decision in Colistro v. Tbaytel 2019 ONCA 197, it is becoming increasingly apparent that damages for bad faith dismissals may be on an upward trajectory. This important doctrine continues to evolve and is a powerful and uniquely flexible tool to use when advocating on behalf of employees. With these damages on the rise, it is
The Law at Work: Employment Law and the Legalization of Cannabis Mark Daly and Ned Nolan Published in the Hamilton Law Association Journal, December 2018 History was made on October 17th, 2018 as Canada hit a milestone by legalizing the recreational consumption of cannabis. While this move has been celebrated by many Canadians, it has also contributed to additional legal uncertainty – particularly in the workplace. The Law The Cannabis A
Nolan, Ciarlo LLP is a strong supporter of the Lawyers’ Legacy for Children Fund. In this photo, our senior partner, Dermot Nolan, a founder of the Fund, joins Fund Advisory Committee Chair Janet Booy and members Anandi Naipaul and Jill MacKenzie as they present a grant of $40,000 to representatives of Neighbour To Neighbour. Read more here....
On December 6, 2018, The Hamilton Law Association awarded Dermot P. Nolan of Nolan Ciarlo, LLP with the Ed Orzel Award for excellence in trial advocacy. The award recognizes a member of the Hamilton Law Association for excellence in trial advocacy for a single outstanding trial effort or for a career in trial advocacy. In the photo above, Dermot is presented with the award by Pat Mackesy, president of the Hamilton Law Association. Nolan, Ciarlo L...
JURY AWARDS $188,000; COURT FORCED TO REDUCE IT TO $5,800. November 7, 2018 If ever there was any doubt about the carnage wrought by the Ontario legislature for the benefit of the Insurance industry, look no further than the recent case of A.B. V Waite (2018 ONSC 2151), a decision by Justice C McLeod of the Ontario Superior Court of Justice. After a three week trial and three days of deliberation, the jury awarded the Plaintiff damages of over $1
September 17, 2018 Nolan, Ciarlo LLP’s senior partner, Dermot P. Nolan was recently recognized by Best Lawyers as the 2019 "Lawyer of the Year" for Corporate and Commercial Litigation in the Hamilton area. Only a single lawyer in each practice area and designated metropolitan area is honored as the "Lawyer of the Year". The Lawyer of the Year is selected based on singularly impressive voting averages received during peer review assessments of abi...
July 2018 By Ned Nolan and Mark Daly The #MeToo movement is a long overdue awakening which is bringing to light the prevalence of sexual harassment in our society - particularly in the workplace. Often thought of as a cultural movement fuelled by social media, #MeToo also has to function as a legal movement fuelled by intelligent advocacy, litigation and heightened legal compliance by employers. If #MeToo has taught us anything, it is that work
Dermot P. Nolan is a Hamilton lawyer and a former president of the Ontario Trial Lawyers Association. “Do you swear that the evidence you give shall be the truth, the whole truth and nothing but the truth?” That is the standard of truth that our courts expect of every witness. But it is not the standard by which the real story is presented to every jury. In fact, the whole truth is often distorted and concealed from civil juries by an elaborate and sys
The Law At Work by Ned Nolan and Paul Di Clemente By now you may be tired of hearing all of the arguments and rhetoric (and hyperbole) surrounding the minimum wage hike here in Ontario. It has been a hot topic in employment law circles this past year and we wrote about the pending changes in a recent The Law At Work article. At the risk of being repetitive, we feel the need to address the latest developments on the subject due to the recent
The Law at Work - Ned Nolan and Paul Di Clemente It looks like the minimum wage in Ontario is going up – and not everyone is happy about it. On June 1, 2017, the Ontario government introduced the Fair Workplaces, Better Jobs Act, 2017 (“Bill 148”) which proposes various amendments to the Employment Standards Act (“ESA”) and the Ontario Labour Relations Act among others. At the time of writing, the bill has not yet received royal a