Carley Reynolds

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Carley Reynolds

About Carley Reynolds

Carley Reynolds is a Lawyer at Donich Law

Defending Sexual Assault and Harassment at Work

In situations involving sexual misconduct in the workplace, criminal and employment law can intersect, sometimes with adverse results for an employee who has been accused. In situations where an employer or institution believes that one of their employee’s may be guilty of sexual misconduct in the workplace, either due to a specific complaint or through some other source, they will launch an investigation into the matter. Ontario’s Health and Safety Act was recently updated, mandating that employers must investigate any and all complaints of sexual misconduct or harassment in the workplace. Such an investigation often involves a third-party investigator being hired by the company or institution to conduct a full impartial and independent investigation into the matter. Third-party investigators are tasked with collecting any and all relevant information in order to make various findings of fact to conclude whether misconduct has occurred. In almost all cases, part of this investigation will involve speaking to the complainant, potential witnesses and to the impugned employee. Typically, the investigator will interview all relevant parties to gain a better understanding of what occurred. In most cases, law enforcement will not be contacted until the employer has completed their investigation, except in more extreme cases. This fact can lead to complications for an employee who is later arrested and charged for the allegations. Those who are charged with a criminal offence automatically gain certain rights, such as the right to remain silent and the right against self-incrimination. However, these rights have often not yet attached during the employer’s investigation. It is common for employees in this situation to feel compelled to speak to the investigator and give a statement. An accused employee may see it as their opportunity to tell

Neighbour’s Tree Branches Causing Damage in Ontario?

Tree Law in Ontario In heavily populated areas like the GTA, disputes between neighbours regarding trees are common. Disputes typically arise when the branches or roots of a tree on one neighbour’s property (neighbour A) begin encroaching onto their neighbour’s property (neighbour B), causing damage to or interfering with the enjoyment of neighbour B’s property. Trees and Nuisance Law In Ontario, the government does not regulate the pruning of trees on private property. As a result, determining who will pay to have a tree pruned is a civil matter. In situations where an individual (neighbour A) refuses to prune the parts of their tree that are encroaching onto their neighbour’s (neighbour B) property, the neighbour whose property is being encroached upon has two options. Neighbour B may sue neighbour A for the cost of having the tree pruned, or to force neighbour A to have the tree pruned. This, however, can be a lengthy and time-consuming process and there is no guarantee that neighbour B will win. The other option is the self-help remedy. In many cases, the fastest and easiest option to resolve a dispute of this nature is the self-help remedy. The self-help remedy allows neighbour B to pay to have the branches that pass the property line pruned. The self-help remedy may be used even where the tree is not causing damage. If the parts of the tree crossing the property line are a nuisance to neighbour B, they may be removed without notifying or seeking permission from neighbour A. Neighbour B must not, however, trespass onto neighbour A’s property to complete the pruning and must avoid pruning past the property line. As long as a tree is not considered a “boundary