THE TELEPHONE LEGAL ADVISORY SERVICE

The policy provides the insured with access to a toll free telephone legal advisory (TLA) service which allows the insured to speak directly to a lawyer on matters that affect the business. The number and duration of these calls is unlimited. Such advice and counsel can be invaluable as the following examples indicate. By taking appropriate steps at the start of a potential dispute this can help prevent the matter escalating into something more serious:

TLA FILE 1: An employer is approached by several employees who assert that there have been incidences of sexual harassment by a staff member towards them. The employer calls the TLA service to obtain legal advice on how to handle this situation.

ADVICE: This is a very sensitive issue and must be handled appropriately. The lawyer is able to provide guidance on how to proceed to minimize the exposure to the company and also to provide ADVICE on the benefits of having a Workplace Harassment Policy. Conducting a fair investigation is crucial if an employer wants to maintain a healthy working environment and avoid any legal action being instigated by any of the employees.

TLA FILE 2: An employee leaves the workplace in the middle of a shift without seeking permission from the supervisor.

ADVICE: The lawyer is able to provide ADVICE on whether such an action justifies disciplinary action and how to proceed with such action, including ADVICE on how to document the incident and any subsequent incidents.

TLA FILE 3: An insured has a tenant in one of his buildings that continues to breach a number of the tenancy terms, including non payment of rent.

ADVICE: The lawyer is able to provide guidance on how to evict the tenant by utilizing the services of the rent tribunal.

TLA FILE 4: A customer was injured while on the insured’s property and is threatening legal action.

ADVICE: The lawyer is able to explain the liability of the insured and how to make a claim through the insured’s property liability policy of insurance.

TLA FILE 5: An employer has serious problems with chronic absenteeism by a member of his staff and seeks advice on how he can terminate the employment without facing a legal action for wrongful dismissal.

ADVICE: the lawyer is able to provide advice on how to handle the matter, including the need to produce an action plan setting out the concerns and expectations he has for staff attendance. It is imperative that appropriate warnings regarding the unacceptable behaviour are provided as well as an opportunity for corrective behaviour. Advice is provided on the liability of the employer if a termination is made without due process.

TLA FILE 6: An insured is reluctant to pay the invoice for the cleaning of the exterior of his building since he is not satisfied with the job. He is being threatened with a lawsuit for failure to pay.

ADVICE: the lawyer is able to explain some of the legal remedies that are available to him including getting estimates for rectifying the job, seeking a set-off, and advising on the legal ramifications if the matter proceeds to the small claims court.

CLAIMS SERVICE

Sometimes matters escalate or are already at a stage where there is need for legal representation as the following examples demonstrate. In these scenarios, where the matter meets the terms and conditions of the policy, the legal fees are covered by the CLEI policy:

CASE FILE 1: the landlord of the insured’s commercial premises sought to impose new regulations on all tenants which would restrict the use of the building and parking facility. When the insured refused to comply with these unilateral changes the landlord threatened a lawsuit.

ACTION: a lawyer was appointed to review the lease and write to the landlord’s lawyer stating that the insured had not breached any term of the tenancy and that it was unlawful to try to impose new terms unilaterally. The landlord withdrew his threat.

CASE FILE 2: The insured was served with a Statement of Claim by a former employee alleging unfair dismissal after 6 months of employment. The employee had been provided with notice of termination and given one week’s notice in accordance with the Employment Standards Act.

ACTION: A lawyer was appointed to file a defence and to defend the action before the courts. This is an ongoing matter.

CASE FILE 3: An employee voluntary resigned and then several months later filed a Statement of Claim alleging constructive dismissal based on workplace harassment and claiming damages. The insured had no knowledge that there had been any issues at work at the time the employee resigned.

ACTION: A lawyer was appointed to defend the proceedings. This is an ongoing matter.

CASE FILE 4: The insured proprietor is being prosecuted under the Liquor License Act for allegedly selling personal liquor. He admits that it was personal liquor that only he consumed after business hours.

ACTION: a lawyer was appointed to mitigate the penalty that the Liquor Board sought to impose in an attempt to avoid the insured having his liquor license suspended, which would have grave implications for his business. The defence was that there was no intent to defraud the Licensing Board. This case is ongoing.

CASE FILE 5: The insured contracted with a web site development company for the registration and creation of a web site for the business. The company failed to fulfill the contract and registered the website in its own name. When challenged, the company refused to assign the website address back to the insured and sued the insured for non payment of an account.

ACTION: a lawyer was appointed to file a defence to the claim and sought discovery of documents which the company failed to produce. The insured ultimately recovered the website address

CASE FILE 6: An employee failed to turn up for work, complaining of burnout. She filed a claim with workers compensation and then sought a remedy through the labour relations commission for psychological harassment.

ACTION: a lawyer was appointed to attend at the various court hearings to successfully defend the complex claims.