Our focus thus far in this week's series has been on the practical considerations in making an Ontario Power of Attorney for Personal Care. In this final instalment, we will...
As well-thought out and meticulously drafted as your Power of Attorney for Personal Care may be, it is ultimately only useful if it serves its purpose in your time of...
Our focus thus far has been on the preliminary considerations in executing a Power of Attorney for Personal Care. With a clear understanding of what this legal instrument is, and...
At the risk of stating the obvious, the individual named as your Attorney for Care should be someone who you trust. Keep in mind that this person is not only...
A Power of Attorney for Personal Care is a legal document that allows you to name someone you trust to make your personal care decisions when you are no longer...
With the advent of social networking, traditional means of recruiting and hiring have vastly changed. Today, websites such as LinkedIn provide employers and employees an opportunity to publish their...
n McKinstry v. Stone, decided September 20, 2011, Pollak J. considered the burden of proof upon an employer seeking summary dismissal of an employee's wrongful dismissal claim, where the employer...
In Pate Estate v. Galway-Cavendish and Harvey (Townships), decided in November 2011 after 10 years of protracted litigation, a wrongfully dismissed building inspector's estate was awarded a whopping $550,000.00 in punitive damages against the municipality that...
For the purpose of calculating a wrongfully dismissed employee's entitlement to pay in lieu of reasonable notice in such a circumstance, Pollak J. ruled that the Employment Standards Act deems...
Must an employee whose job is being eliminated by its employer accept the same kind of position at a related company with the same pay in mitigation of his losses...
An October, 2011, decision by the Nova Scotia Workers’ Compensation Appeals Tribunal should signal to those of us who not only collect, but also repair, show or deal in antiques,...
Is an employee, who is terminated without cause, required to mitigate his or her loss when entitled to a fix term of notice or pay in lieu of notice?...
In Reinzo v. Washington Mills Electro Minerals Corporations, the Court of Appeal for Ontario answers an important question as concerns an employee's entitlement to benefits during the notice period in...
In Brito et al v. Canac Kitchens, decided on February 18, 2011, Mr. Justice Randall Echlin of the Ontario Superior Court addressed the consequences of an employer's failure to provide...
The blog post affirms that in Ontario wrongful dismissal cases, employees aren’t restricted to describing only their own experiences; they can also allege patterns or policies of systemic wrongdoing, and...
A finding of just cause for dismissal at common law does not automatically disqualify an employee from entitlement to statutory severance and termination benefits under Ontario's Employment Standards Act, according...
A June 2010 ruling of the Ontario Superior Court in Simpkin v. Ability Machine and Manufacturing Inc. demonstrates that in wrongful dismissal cases, quantification of damages is not confined to wages that would...
Where a court finds "just cause" for the termination of employment, the dismissed employee loses entitlement pay in lieu of notice, statutory severance payments, and further, and may fail to...
Are wrongful dismissal claims to be considered in calculating equalization payments in Ontario family law proceedings?...
In a very recent wrongful dismissal case, Sebanescu v. Span Manufacturing Ltd., the Court was forced to grapple with the exact relationship between the period of reasonable notice to which an employee is...