Pages

▼
Showing posts with label Justice Kathryn N. Feldman. Show all posts
Showing posts with label Justice Kathryn N. Feldman. Show all posts
Saturday 23 April 2022

Court of Appeal Recognizes that Employees Terminated “For Cause” May Still Be Entitled to Statutory Termination Benefits

›
The law concerning the rights and responsibilities of Ontario’s employers to dismiss an employee “for cause” , and the rights of employee ...
Friday 15 October 2021

“It's Too Late to Apologize” Court of Appeal Finds Refusal to Apologize For Inappropriate Conduct Just Cause for Termination of Employment

›
If you can get thorough this post without hearing Ryan Tedder’s voice singing “It's too late to apologize,” well you’re stronger than ...
Sunday 15 December 2019

Time Spent as Independent Contractor Relevant Factor in Calculating Reasonable Notice

›
Is the amount of time spent as an “independent contractor” an appropriate fact for the court to consider when calculating the reasonable ...
Monday 11 November 2019

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

›
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

›
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...
Monday 14 May 2018

Unfettered Right to Terminate Contract Must be Exercised in Good Faith: ONCA

›
If one party to a contract has the “facially unfettered right to terminate the contract”, must that party exercise its right to terminate...
Sunday 29 October 2017

Scissors Beat Paper; Statutes Beat Scissors: Severability Clauses Can't Fix Illegal Termination Provisions

›
Everyone knows that in the classic children's game, Rock, Paper, Scissors , scissors beat paper. But can scissors beat statutes? To...
Tuesday 23 May 2017

Court of Appeal Rules that Modest Earnings Earned during Notice Period Not to be Deducted from Wrongful Dismissal Damages

›
What happens when an employee takes a new job not so much to mitigate her damages, but rather to survive? More to the point, what if that...