Publications

The articles listed below are intended to provide readers with general information. They should not be regarded or relied upon as legal advice or opinion.

Alan Riddell and Kyle Van Schie, “How to Deal with Aging Employees Who Don’t Want to Retire” – Workplace Today – June 2016
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Alan Riddell and Kyle Van Schie, “The Perils of Inserting Non-Solicitation and Non-Competition Clauses Into Your Employment Agreements” – Workplace Today – May 2016
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Alan Riddell and Kyle Van Schie, “Employers Can Be Sued for Failing to Investigate Complaints of Workplace Harassment in a Timely Way” – Workplace Today – April 2016
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Alan Riddell and Kyle Van Schie, “Non-Christian Holidays and Your Legal Obligations” – Workplace Today – February 2016
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Alan Riddell and Kyle Van Schie, "Employers Beware - In 2015 Your Firm's Termination Clause May Suddenly Have Become Unenforceable" - Workplace Today - November 2015
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Alan Riddell and Kyle Van Schie, "When Can You Safely Reduce Your Payroll By Placing Redundant or Unwanted Employees on Unpaid Temporary Layoff" - Workplace Today - October 2015
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Alan Riddell and Kyle Van Schie, "Corporate Executives Who Moonlight Beware" - Workplace Today - September 2015
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Alan Riddell and Kyle Van Schie, “When Can You Fire An Employee For Off-Duty Misconduct Or Vulgarity?”, Workplace Today, August 2015
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Alan Riddell and Kyle Van Schie, “When Can You Fire an Employee for Behaviour in the Bedroom?”, Workplace Today, June 2015
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Doug Kelly and Christine Enta, "Use of Section 37 in the City of Ottawa", Land Development & Planning Law Conference, June 2013.

Section 37 allows municipalities to extract various benefits from developers in exchange for allowing projects that exceed as of right height or density restrictions. Although the Planning Act applies to all of Ontario, a municipality must implement Section 37 in its Official Plan (“OP”) in order to use it to extract benefits.
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Ursula Melinz, "Expropriation Law: A Brief Introduction", East Region Solicitors Conference, May 2013.

Many municipalities in Ontario have completed or are in the process of undertaking major infrastructure projects. These infrastructure projects require municipalities to obtain land within increasingly built up central areas. If a landowner is not willing to sell to the municipality then an expropriation is necessary. Ottawa’s Light Rail Transit project is an example of an infrastructure project that is introducing the term of expropriation to the lexicon of businesses and property owners as well as real estate professionals in a whole new way. Numerous expropriations are already affecting property owners and businesses and more are sure to follow.
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Alan Riddell and Peter Mantas, "Brave New World: The Rise of Videoconference Witness Examinations", Civil Litigation Updated Conference, November 2012.

The past decade has been characterized by a steady increase in the practice of conducting witness examinations and cross-examinations by way of videoconference. This new procedural phenomena results from a combination of factors: an increase in the number of cases involving one or more extra-provincial, or foreign, parties; the resulting rise in the incidence of witnesses whose place of residence is situated outside of Ontario; and, above all the dramatic decrease in the cost of conducting videoconferences, thanks to the rapid proliferation of Skype, and similar services, throughout the world over the past few years.
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Alan Riddell, Steve Shaddock and Gillian Bilton, "What Every Smart Employer Should Know About Monitoring Employee E-Mail", Workplace Today, November 2011.

Employers have a right to know if their employees are abusing company computers and e-mail, but the law imposes some restrictions on how far they can go to spy on their employees’ e-mail and internet use. Employees have certain privacy rights and there are limits on how far you can go to monitor your workers without violating those rights.
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Alan Riddell, Steve Shaddock and Darrell Mast, "Workplace Relationships: Keep Office Romances In The Lunch Room (Not The Court Room)", Workplace Today, October 2011.

They can be harmless but they can also disrupt the workplace with innuendo, gossip and resentment. They’re messy when they go wrong and can kill morale, damage reputations, ruin careers, affect business and even carry potential legal consequences.
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Alan Riddell and Krystal Moore, "Practical Tips for Dismissing Key Employees with Minimal Fallout to your Business", Workplace Today Magazine, OHRPA, November 2008.

Alan Riddell and Marianne Keriakos, "The Perils and Legal Pitfalls of Letting Your Employees do Overtime Work", www.hrinfodesk.com, June 2008.

Alan Riddell and Marianne Keriakos, "Preventing your Employees from Doing Overtime Work: An Effective Team Building Technique", June 2008.

Alan Riddell and Krystal Moore, "The Do’s and Don’ts of Hiring and Releasing Probationary Employees", Workplace Today Magazine, OHRPA, May 2008.

Alan Riddell and Alison Jones "Pregnancy, parental and emergency leave under the new ESA 2000", February 2003.

The Employment Standards Act delineates the rights and responsibilities of employees and employers in Ontario workplaces. On December 20, 2000, the Ontario Legislature passed a new Employment Standards Act (ESA 2000) that came into force on September 4, 2001, The amendments to the ESA 2000 are the first attempt at modernizing employment standards law in Ontario in two decades, and are designed to ensure greater flexibility for employers and employees in creating work arrangements that accommodate their business, family, and health needs.
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Alan Riddell and Thomas J. Marley, "Does an employee have to accept a lower position?", Recruiting Today, March 1996.

The reassignment of an employee to a new position within your company may amount to his or her wrongful dismissal and therefore to a successful lawsuit against your company.
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Alan Riddell, "Employees can refuse reassignment to a new position" HR Today, November 1995.

Alan Riddell, "Recent Changes to the Employment Standards Act and the Canada Labour Code and the Impact on Pregnant and Returning Mothers": Seminar given to the Ottawa clients of Right Associates, Westin Hotel, Ottawa, November 30, 1994.

Alan Riddell, "Pregnant Employees: The New  Workforce "Untouchables" in an Era of Corporate Restructuring" Recruiting and Supervision Today, July 1994.

Most employers know that it is illegal to discriminate against a female employee because she either is or intends to become pregnant. Such discrimination has been illegal in Canada for some time. What many employers - and even some lawyers -do not realize that it is now no longer enough to refrain from discriminating against pregnant employees.
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Alan Riddell, "Beware of Prospective Employees With Legal Constraints: The Do's and Don'ts of Hiring from a Competitor", Recruiting & Supervision Today, April 1994.

When hiring employees of a competitor, care should be taken to minimize the chance of legal action taken by the competitor against both you and its former employee. A little foresight can do much to avoid the worry and expense of a long and expensive lawsuit.
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Alan Riddell, "The Do’s and Don’ts of Hiring Your Competitor’s Employees" Recruiting and Supervision Today, February 1994.

Alan Riddell, "À la recherche du temps perdu: La Cour suprême et l'interprétation des droits linguistiques constitutionnels dans les années 80", 27 Les Cahiers de Droit, 829 - 855, September 1988.

During the seventies and early eighties, the Supreme Court adopted a broad, purposive and organic approach to the interpretation of language rights in the Constitution. In 1986, however, the Court implicitly repudiated this approach and returned to a narrow, literal and static interpretation of these rights, reminiscent of that espoused by the Privy Council during the late 19th and early 20th centuries.
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