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Deborah Howden Head ShotFamily status discrimination claims could be on the rise, Toronto employment lawyer Deborah Howden tells

Howden, partner with the Toronto office of Shibley Righton LLP, explains that Ontario’s Human Rights Code prohibits discrimination on the basis of a person’s family status, which covers the relationship between a parent and child.  

And while the number of cases claiming this type of discrimination still trails those involving allegations concerning a person’s disability or sex, she says the gap could be closing.

“I think they will increase in number as parents continue to juggle their responsibilities in increasingly complex workplaces,” says Howden, who adds that the popularity of telecommuting has helped keep the number lower than might otherwise have been expected.

“But it’s still a real problem when telecommuting is not an option,”

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Marlin Horst head shotA Canadian Securities Administrators’ (CSA) plan to increase oversight of syndicated mortgages is an effort to protect ‘unsophisticated’ investors from risk, Toronto corporate lawyer Marlin Horst tells The Lawyer's Daily.

The CSA has issued a call for comments on proposed amendments that were first suggested in March 2018, The Lawyer's Daily reports.

The council for the provincial and territorial securities regulators indicates the changes will harmonize a regulatory framework for syndicated mortgage investments (SMI) and increase safeguards for investors, the publication reports.

An SMI is a way of funding commercial or residential developments with multiple investors putting their money together to target large-scale real estate projects, The Lawyer's Daily reports, adding the investment is a mortgage registered against title to the property being developed.

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Megan Mackey Head ShotThe Ontario Court of Appeal (OCA) handed consumers a victory when it upheld a lower court’s ruling demanding that condo developers explain what they’re selling by using plain language in disclosures, says Toronto real estate lawyer Megan Mackey, who represented the plaintiff in the matter.

Condo developers can’t just technically meet disclosure requirements under the Ontario Condominium Act, says Mackey, partner with Shibley Righton LLP.

She tells that she hopes the ruling will set a new expectation for easier-to-read condo disclosure documents.

The OCA ruling supported the plaintiff’s position by upholding an earlier Superior Court of Ontario decision that found disclosure has to be clear, transparent and easy to understand, says Mackey.

“The section in the Condominium Act about disclosure is really long, and it has many requirements, but there are technical ways to meet those requirements,” she says. “And then there are practical ways.

“This decision sends a message to the developer community that technically meeting the requirements of the Act may not be enough. Practically speaking, what is being disclosed needs to be readable.”

The case demonstrated how a developer tried to take advantage of condo purchasers, which is why condo lawyers will appreciate the OCA’s decision.

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