PROFILE
Diana is developing a diverse litigation practice with a focus on Health and Employment & Labour law. Drawn to the human aspects of working with people, Diana takes pride in building strong relationships with her clients and works collaboratively with them to navigate a variety of workplace issues.
Diana frequently writes on employment-related issues facing employers through her blog, Be-Labour-ing the Point. In the wake of the COVID-19 pandemic, her writing responded to the ever-changing employment landscape, providing guidance to employers as they adjusted their workplaces and navigated new legislation. Diana also writes on health-related issues through her blog, As Prescribed.
Outside of the office, she regularly volunteers her time with Pro Bono Ontario providing employment law advice for those facing the loss of work or job security. Diana is also an Associate Editor for the Health Law in Canada journal and sits on the Board of Directors of the Thistleoaks Child Care Centre. An avid tea drinker, Diana is studying to become a certified Tea Sommelier.
Publications
JUNE 11 2021
Constructive Dismissal? Not Ideal if IDEL
The Ontario Superior Court recently released an endorsement in Taylor v. Hanley Hospitality, 2021 ONSC 3135, which provided much needed guidance on how constructive dismissals are impacted by IDEL.
APRIL 01 2021
New Guidelines for Maintaining Health Privacy in Virtual Care
As virtual visits become an accepted method of providing health care, it is important to ensure that health privacy laws are observed. Whether care is provided by telephone consultation, video conferencing or secure messaging, providers must be mindful of their obligations relating to the collection of personal health information, health information security, and ensuring that those involved have the necessary training in privacy and security.
MARCH 08 2021
Forward with Foglers: Trends and Ideas
We are pleased to introduce Forward with Foglers: Trends and Ideas, a new quarterly publication designed to share our perspectives and insights around matters that are important to our clients both inside and outside the boardroom. In honour of International Women's Day 2021 and the theme of Choose to Challenge, our first issue is focused on promoting discussions around gender.
MARCH 08 2021
Celebrating International Women's Day
Last year, Foglers' FR Women's Network celebrated International Women's Day with guest speaker Connie Walker, an award-winning Cree investigative journalist who is leading the dialogue on Indigenous women's rights in Canada. At the event Connie described her career trajectory as a journalist at CBC; the influence of the Truth and Reconciliation Commission's report; how the coverage and reporting on Indigenous issues has evolved in the media; and the rise of social media and the platform it has provided.
MARCH 08 2021
Retention of Women in Law - An Opportunity for Fogler Rubinoff LLP
In the "Before Times" in 2020, I attended the Women in Law Summit, hosted by Canadian Lawyer magazine. The purpose of the conference was to focus on practical strategies that law firm leaders can employ to help attract and retain female lawyers. My biggest take away from the conference is that law firms and law firm leaders want to support women in law but there are still lots of questions, with no simple answers, about how to make this happen.
JANUARY 14 2021
Ontario's Second Provincial Emergency and What it Means for the Workplace
On January 12, 2021, the Ontario government declared a second provincial emergency under section 7.0.1 (1) of the Emergency Management and Civil Protection Act, in response to the drastic rise in the number of COVID-19 cases in the province.
NOVEMBER 13 2020
Front Line Workers and Other Organizations May Be Protected From COVID-19 Claims
This article deals with the liability issues proposed by Bill 128.
OCTOBER 23 2020
Expansion of the Availability of Medical Assistance in Dying
Medical assistance in dying ("MAID") has been legal in Canada since June 2016. Now, proposed amendments would extend the availability of MAID to those who face irreversible suffering but whose death is not foreseeable.
OCTOBER 22 2020
Constructively Dismissed Employee Entitled to Bonus Payment During Notice Period
The Supreme Court of Canada recently released its decision in Matthews v Ocean Nutrition Canada Limited, 2020 SCC 26, awarding a constructively dismissed employee with $1.1 million dollars in damages for his employer's failure to provide him with 15 months of reasonable notice upon termination, and a bonus payment that realized during his reasonable notice period.
OCTOBER 07 2020
Has Your Business Implemented Ontario's New COVID-19 Screening Measures?
As of September 26, 2020, all employers, regardless of the sector they belong to, are now required to pre-screen their workers and any essentials visitors prior to their entry into the workplace.
AUGUST 21 2020
Update: CERB Extended By Federal Government and New EI Benefits
The federal government announced on Thursday, August 20, 2020 new income support measures as individuals are transitioned off of the Canada Emergency Response Benefit (the "CERB"). These income support measures include an extension to the CERB, adjusted eligibility for Employment Insurance benefits, and new benefit programs.
JUNE 02 2020
New Regulation: Infectious Disease Emergency Leave
Non-unionized employees who have had their hours reduced or eliminated as a result of the COVID-19 pandemic will be deemed to be on Infectious Disease Emergency Leave, which is unpaid, job-protected leave. The Regulation applies throughout the COVID-19 period, which is from March 1, 2020 until the date that is six weeks after the day that the emergency is declared terminated.
MAY 05 2020
Premier's Office Releases Health Care Guidelines
The Ontario Ministry of Health indicates that there is evidence of human-tohuman transmission of the novel coronavirus (COVID-19). On April 30th, guidelines for certain industries were released by the Premier's Office. The Ontario government works closely with four provincial health and safety associations to help set, communicate and enforce the Occupational Health and Safety Act (the "Act"). In partnership with the Public Service Health and Safety Association ("PSHSA"), five guidelines were released as they relate to the health care sector.
MAY 05 2020
Ontario Responds to COVID-19: Increasing Health Care Human Resources
In response to the unprecedented strain COVID-19 has placed on healthcare human resources in Ontario, on May 1, 2020, the Government of Ontario issued a new temporary emergency order, O. Reg. 193/20, under subsection 7.0.2 (4) of the Emergency Management and Civil Protection Act, which provides measures respecting hospital credentialing processes. This emergency order supports the needs of Ontario's hospitals and healthcare workers so more of their time and resources can be spent on alleviating the outbreak of COVID-19 and administering patient care.
APRIL 30 2020
Webinar: Understanding Canada's Emergency Wage Subsidy
Parliament has adopted a $73-billion wage-subsidy bill to help Canadian businesses through the COVID-19 pandemic. However, the devil is in the details and a careful examination of the legislation is needed to determine whether any given employer will qualify for the subsidy. Join us on Thursday April 30th at 1:30 pm for a webinar where our tax and employment lawyers will discuss what you need to know and provided answers to your pressing questions. View the PDF for more information and registration details.
APRIL 23 2020
How Do I Apply For The Canada Emergency Wage Subsidy?
This week, the Canada Revenue Agency released details on how businesses can apply for the Canada Emergency Wage Subsidy ("CEWS").
APRIL 14 2020
Canada Emergency Wage Subsidy - What Does the Legislation Say?
On April 11, 2020, the federal government passed Bill C-14 (A second Act respecting certain measures in response to COVID-19; the "Act") which amended the Income Tax Act to implement the 75% COVID-19 emergency wage subsidy first announced by the government on March 27, 2020.
On a high-level basis, the Act provides a 75% wage subsidy (up to a maximum of $847 per week) to employers in respect of employees that continue to be employed during the crisis. As always, however, the devil is in the details and a careful examination of the legislation is needed to determine whether any given employer will qualify for the subsidy.
APRIL 09 2020
Updated: Can My Business Access the 75% Federal Wage Subsidy?
Since the time this article was originally published on April 2, 2020, new details about the Canada Emergency Wage Subsidy have been announced. The article below has been updated to reflect the following new information.
APRIL 03 2020
Can a Physician Refuse to Work During COVID-19?
As media sources detail a supply shortage among COVID-19 first responders, physicians are questioning where the line is drawn between their right to refuse unsafe work and their duty to provide care.
MARCH 31 2020
Is Your Business Eligible for the Canada Emergency Business Account?
UPDATE: Please note that this article has been updated since its original publication.
On Friday March 27th, 2020, Prime Minister Justin Trudeau announced a new measure to support small businesses and not-for-profits dealing with the economic impacts of the pandemic. The announcement is part of the government’s COVID-19 Economic Response Plan, which already commits $107 billion in support to Canadians.
MARCH 27 2020
Caution for Physicians During COVID-19
As COVID-19 cases surge, medical regulators are taking swift action to ensure that drugs required to treat the virus are prescribed based on evidence, and that they remain available to patients who need them. A directive was issued this week from the Ontario Pharmacists Association, Ontario Medical Association, and Registered Nurses' Association of Ontario, which can be found here. The Directive reminds medical professionals of their obligation to educate patients that treatments for COVID-19, like with any illness, need to be evidence based.
MARCH 26 2020
How to Assist With the Medical Supply Shortage
As the COVID-19 pandemic continues to develop across Canada, medical professionals anticipate that there could be a shortage in medical supplies and equipment. While all levels of government have been taking steps to respond to COVID-19 and to obtain necessary supplies, they have also reached out to the private sector to assist.
MARCH 26 2020
What You Need to Know About Employment Insurance Benefits
There are several types of employment insurance benefits available to individuals during this difficult time.
MARCH 26 2020
How to Assist With the Medical Supply Shortage
As the COVID-19 pandemic continues to develop across Canada, medical professionals anticipate that there could be a shortage in medical supplies and equipment. While all levels of government have been taking steps to respond to COVID-19 and to obtain necessary supplies, they have also reached out to the private sector to assist.
MARCH 24 2020
Is Your Business Essential?
On March 23, 2020, Ontario Premier Doug Ford ordered that that all non-essential stores and services be closed by Tuesday, March 24, 2020 at 11:59 p.m.. This follows a series of orders made by the provincial government, pursuant to its powers under the Emergency Management and Civil Protection Act, made in an attempt to slow the spread of COVID-19 and protect Ontarians during these unprecedented times.
MARCH 23 2020
Employer Options During COVID-19: Work-Sharing Program
Many employers wish to avoid layoffs during this unprecedented economic climate. An option for employers is to work with their employees to create alternative employment arrangements. Work-Sharing is one program available to employers and employees that can accommodate a temporary reduction in business activity due to events beyond the control of the employer, such as COVID-19.
MARCH 20 2020
Ontario Amends its Employment Standards Act in Response to COVID:19
On March 19, 2020, in response to the measures imposed on employers and businesses by the government to curb the spread of COVID-19, Bill 186, titled “An Act to amend the Employment Standards Act, 2000” (the "Bill") received Royal Assent from the provincial legislature. Emergency Leave under the Employment Standards Act (the “Act”) now includes both declared emergencies and infectious disease emergencies.
MARCH 19 2020
What are Your Options as an Employer During the COVID-19 Pandemic?
During the COVID-19 pandemic, employers have to make tough decisions to ensure the long-term health of their businesses. Below are some options for employers when deciding how to manage their business in the coming weeks.
FEBRUARY 28 2020
Is Your Business Addressing Mental Health?
On January 23, 2020, CAMH launched the Workplace Mental Health Playbook for Business Leaders, which addresses the relationship between employees, their workplace, and mental health...
Practice Areas
Education
Called to Ontario Bar, 2018
University of Leicester, LL.B., 2015
Queen’s University, B.A. (Honours), 2013
Community Involvement
Thistleoaks Child Care Centre in Oakville, Board of Directors.
