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Showing posts with label Cases I Argued. Show all posts
Showing posts with label Cases I Argued. Show all posts
Monday 11 November 2019

When Worlds Collide – The Evolution of Employment Law Principles in the Termination of Independent Contractor Relationships

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It is remarkable how much the law can change in as little as 14 years. In 2005, Justice Kathryn N. Feldman authored reasons for decision...
Sunday 10 November 2019

Discretion to Depart from R.49 Costs Presumption Not Unfettered: ONCA

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Does a trial judge have absolute, unfettered discretion in awarding the costs of a proceeding? To what extent does the fact that one of t...
Friday 9 March 2018

Claiming Constructive Dismissal as an Independent Contractor

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Can independent contractors claim damages for constructive dismissal? In a decision released March 7, 2018 by the Ontario Superior Court ...
Wednesday 28 June 2017

Wrongful Dismissal Cases are Appropriate for Resolution by way of Application: ONSC

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(c) istock/Jrcasas A frequent criticism of the Canadian judicial system is that it moves too slowly. Indeed, as the Supreme Court of Can...
Saturday 20 May 2017

Divisional Court Rules that Employees May Sometimes be Required to Attend Medical Examination by Doctor of Employer’s Choosing

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(c) istock/utah778 Is an employee required to submit to an independent medical examination, an “IME”, by a doctor of his employer’s choos...
1 comment:
Friday 2 December 2016

Employers Can Terminate Probationary Employees Without Cause

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(c) istock/Jrcasas Can an employer terminate the employment of an employee on probation without cause? That was the fundamental question...
Saturday 19 November 2016

“An employer can only dismiss a probationary employee for just cause” – Why that statement may have been correct, but it doesn’t mean what you think.

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(c) istock/ilyast Does an employer require “just cause” to terminate the employment of an employee “on probation”? For the reasons that ...
9 comments:
Saturday 8 October 2016

Judge Orders Costs of Injunction against Solicitation “In the Cause”

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The dirty secret of contract law is that a contract is only as good as a party’s ability to enforce it. Typically, this blog focuses on th...
Saturday 18 June 2016

Ontario Small Claims Court Judge Awards $8,000 in Costs Against Unsuccessful Wrongful Dismissal Claimant

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One of the most commonly held beliefs about the civil justice system is that the losing party has to pay the winning party’s legal fees....
Tuesday 31 May 2016

HRTO Declines to Punish Employer who Breached Terms of Settlement

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What is the penalty or punishment for failing to honour the terms of settlement entered into in an Ontario Human Rights case? Like most ...
Thursday 3 April 2014

ONSC Awards Four Months Notice to Employee With Less Than One Year of Service

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What is the appropriate notice period for an employee dismissed after less than one year of employment? While the answer will always be...