16 Jan Intentional Under-Employment – Judges Tell Payors “Get a Real Job!”
When will Ontario's courts impute income to a parent for the purpose of calculating his or her child support obligations?...
Law Articles
15 Jan Punitive Damages in Ontario Employment Law – Pate Estate v. Galway-Cavendish and Harvey (Township)
In Whitten v. Pilot Insurance, the Supreme Court of Canada articulated the purpose, appropriateness and range of punitive damage awards in Canada. An award for punitive damages is only appropriate...
08 Jan Supreme Court of Canada Rules on Pension Income and Damages in Wrongful Dismissal
The Supreme Court of Canada's recent ruling in IBM Canada Ltd. v. Waterman provides a great deal of clarity on the issue of collateral benefits such as pensions in a...
11 Dec Dispelling Unjustified Fears – The Record of Employment (ROE)
The end of an employment relationship is rarely a pleasant experience for anyone involved. Particularly for a dismissed employee, heightened emotions and confusion can lead to genuine anxiety and stress. In...
09 Dec The “Simple” Will: Not Always So Simple…
Drafting a simple, uncomplicated will may appear to be a routine task for most legal practitioners in comparison to “flashier” legal matters like messy divorces and high stakes litigation. ...
25 Oct Ontario Power of Attorney for Care: The Courts’ Role in End-of-Life Care Decisions
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...
24 Oct Considerations in using an Ontario Power of Attorney for Personal Care
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...
23 Oct The Nuts and Bolts of Making an Ontario Power of Attorney for Personal Care
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...
22 Oct Considerations to Explore before Making an Ontario Power of Attorney for Personal Care
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...
21 Oct What is an Ontario Power of Attorney for Personal Care?
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...
27 Jun Inducement in the Age of Social Networking
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...
18 Oct Ontario Employment Law: Employer’s Reliance on Termination Provisions Limiting Notice In Summary Judgment Motions
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...
18 Oct Ontario Employment Law: Punitive Damages In Wrongful Dismissal Suits
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...
18 Oct Ontario Employment Law: Layoffs and Deemed Terminations at Common Law
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...
31 Aug Ontario Employment Law: Mitigating Damages By Staying With The Same Employer
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...
30 Jul Workers’ Compensation Benefits Curtailed for Injured Antiques Aficionado
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,...
24 Jun Ontario Employment Law: Contractual Entitlement to Notice and the Question of Mitigation
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?...
13 Nov Ontario Employment Law: Wrongful Dismissal and Retirement Benefits
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...
30 Apr Ontario Employment Law: Long-Term Disability Coverage During the Period of Reasonable Notice
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...
05 Apr Ontario Employment Law: Can A Wrongfully Dismissed Employee Plead Systemic Misbehaviour By The Employer?
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...