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?...
Toronto Law Blog
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 if conduct is “high-handed, malicious, arbitrary or highly reprehensible ...
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 wrongful dismissal action and whether such a benefit ought to be deducted from the amount...
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 the midst of all of this turmoil, an employer issues a Record of Employment (ROE)...
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 now shift gears to look at the issues that can arise with end-of-life care decisions,...
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 need. In order to be an effective tool that provides you and your loved ones...
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 the nature of decision-making it requires, our focus may now shift to the nuts 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 responsible for carrying out your expressed personal care wishes, but may also be called upon...
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 in a position to do so yourself. In Ontario, an individual must be appointed...
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 professional profiles online (a curriculum vitae or a company profile) and connect with like-minded individuals...
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 is seeking to rely on a termination provision in an employee's contract of employment...
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 had employed him. Pate had served as the Chief Building Official for the Township of Galway...
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 the first day of layoff to be the date of termination....
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 arising from a wrongful termination?...
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, that our hobby activities may be scrutinized by adjudicators determining entitlement to benefits arising out...
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 a wrongful dismissal action: Do they include employer contributions to the Canada Pension Plan and...
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 adequate benefit coverages and reasonable pay in lieu of notice to its terminated employees....
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 such broader allegations may properly support claims for punitive or moral damages—so long as the...