Dismissal the Constructive Way
Did you know it is possible to be fired without really being fired?! It’s true. This situation is referred to as constructive dismissal. Traditionally when an employee is wrongfully dismissed, the employer has actually fired the employee without cause and without providing reasonable notice. In the case of constructive dismissal however, the terms of employment […]
The Holiday Shopping Primer
The Christmas season is the biggest shopping event of the year. To make your holiday shopping as hassle free as possible we have prepared a list of helpful information to read before you head to the mall. Deposits Many consumers put down a deposit on an item or arrange to purchase through a layaway plan. […]
Part 2: The Handoff
Earlier this year, we asked the question “Is your family’s business ready for the hand off?” If it is not, you are not alone. Although more than 70 percent of small business owners have plans to retire within the next 10 years, almost two thirds have no concrete plan for the future of their business. […]
Wrongful Dismissal Damages Revisited
Over the past several months, the Supreme Court of Canada has clarified and redefined some important aspects of the law of damages in the context of wrongful dismissal. In the first case, they considered the issue of how damages should be awarded when an employer behaves with bad faith when terminating an employee. Since the […]
Damages for Bad Faith Dismissals
Recently, Canada’s top court clarified and redefined some important aspects of the law of damages in the context of wrongful dismissal. Honda Canada Inc. v. Keays, 2008 SCC 39 is a case that made headlines because of the $500,000 punitive damage award allowed by the trial judge who heard the case. The Facts The case […]
How Far Must an Employee Go to Mitigate?
An employer who decides to terminate the services of an employee, except in cases where there is just cause, must provide the employee with a reasonable notice period or damages in lieu of that notice period. It is not uncommon for an employee to be terminated without having been paid damages by the employer or […]
Who is Responsible for the Fall?
The Ontario Court of Appeal recently decided an appeal involving a typical slip and fall case. With that fact situation as a backdrop, we will explain the law of slip and falls on private property. The Facts Mrs. Kerr was grocery shopping at the local Zehrs, which was owned by Loblaws. She was in the […]
The Law of Travel
With the summer vacation season upon us, we thought it timely to provide information to help make your holiday as hassle free as possible. Whether you are dealing with an airline, a cruise, a hotel or a car rental it is important to always remember that you are entering into a legal contract. Therefore, if […]
Pools, an Accident Waiting to Happen – Who is Responsible?
Pools, an Accident Waiting to Happen – Who is Responsible? A pool can provide hours of pleasure for the whole family. However, it only takes an instant for things to go very wrong. In such cases, who must shoulder the blame? The Ontario Court of Appeal was asked to consider this question in a recent […]
On Becoming Self-Sufficient
A court of competent jurisdiction may . . . make an order requiring a spouse to . . . pay, such lump sum or periodic sums . . . as the court thinks reasonable for the support of the other spouse. –Section 15.2 (1), The Divorce Act Earlier this year, the Ontario Court of Appeal […]