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 Second Land Transfer Tax
Last fall, the City of Toronto put into place its own land transfer tax, referred to as the Municipal Land Transfer Tax (MLLT). This tax is similar to the Ontario Land Transfer Tax and is an additional tax that must be paid by those purchasing land within Toronto, at the time a conveyance is registered. […]
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 […]
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 […]
The Canada Pension Plan Survivors’ Benefits
The Canada Pension Plan Survivors’ Benefits If you are employed then you will be aware of the contributions you make to the Canada Pension Plan. These contributions will eventually provide you with a small pension for your retirement. However, what you may not know is that your contributions to CPP will also provide you and […]
A Corporate David and Goliath: The Epilogue
A Corporate David and Goliath: The Epilogue In the Fall 2006 edition of Legal Issues we told you about Reg Ward’s battle with Manulife. Reg is an insurance agent who, after many years of faithful and productive service, was unceremoniously dumped by Manulife. Although Reg won a solid victory against Manulife at the Superior Court […]
Legal Changes 2008
Legal Changes 2008 Workers’ Compensation Are you an employer who is required to register with the Workplace Safety & Insurance Board (WSIB) but have failed to do so? If you are, you may be eligible for an amnesty being offered by the WSIB until March 31, 2008. A full amnesty means: o No penalties for […]
Ontario Extends Tax Rebate to Resales
Ontario Extends Tax Rebate to Resales For many years, the province of Ontario has sought to provide financial assistance to first-time homebuyers with its Land Transfer Tax Refund Program. However, one of the key qualifying conditions has always been that the home being purchased be a newly constructed home. As of December 13, 2007, the […]