Ontario Court of Appeal clarifies distinction between termination for “cause” at common law and for “wilful misconduct” under the ESA
Ontario employers are often surprised to learn that there are two different regimes governing employee termination entitlements. At common law, employees are presumptively entitled to “reasonable notice” of termination or pay in lieu unless, among other things, an employee is terminated for …Continue reading the post titled Ontario Court of Appeal clarifies distinction between termination for “cause” at common law and for “wilful misconduct” under the ESA
Automobile insurance policy 101: Mandatory and optional accident benefits coverage
It is a requirement to have automobile insurance in Ontario. The implications of not having it are many and severe. Drivers can receive a fine in the thousands of dollars, have their driver’s license suspended and vehicle impounded if they do not carry a valid insurance policy. Understanding…Continue reading the post titled Automobile insurance policy 101: Mandatory and optional accident benefits coverage
Not all privacy is worthy of protection: Stewart v Demme at the Divisional Court
In Stewart v. Demme, 2022 ONSC 1790, the Divisional Court set aside an order certifying a privacy class action against a hospital and its former employee, Catharina Demme, who was then a nurse. The decision, written for a unanimous panel by Justice Sachs, marks another case in which the Di…Continue reading the post titled Not all privacy is worthy of protection: Stewart v Demme at the Divisional Court
Assessing medical malpractice damages—subrogated claims
This article on subrogated claims is part of a series of articles that discuss the types of damages that may be claimed in a medical negligence case. It is important to note, however, that each case is unique, and the damages claimed will differ as between individuals. The assessment of dama…Continue reading the post titled Assessing medical malpractice damages—subrogated claims
Yes, no or maybe so? Are evidentiary requirements on OSA leave motions broadening?
In O’Brien v. Maxar Technologies Inc., Justice Akbarali declined to grant the plaintiffs’ motion for leave to proceed with claims under section 138.3(1) of the Ontario Securities Act (“OSA”), concluding that there was no reasonable possibility that the action would be resolved in favour of t…Continue reading the post titled Yes, no or maybe so? Are evidentiary requirements on OSA leave motions broadening?
Power of attorney issues: compensation for powers of attorney for personal care
Providing care to an elderly or sick family member is a significant and often thankless undertaking. Quite often, it is the attorney for personal care who assumes the caregiving responsibilities. Attorneys for personal care often spend hours cleaning, cooking, and driving their loved ones to…Continue reading the post titled Power of attorney issues: compensation for powers of attorney for personal care
Labour Law 101: the certification application*
What employers need to know about certification applications. Continuing with our labour law basics series, today we will discuss what to do if a union files a certification application with the Ontario Labour Relations Board (“OLRB” or the “Board”) seeking to represent some of or all your e…Continue reading the post titled Labour Law 101: the certification application*
Who gets the pet during separation or divorce?
So, you’ve just separated from your partner and now face the daunting task of deciding who will get to keep the beloved family pet. In some situations, the matter is resolved without much consideration for family law in Ontario. Sometimes the party that brought a pet into the relationship ca…Continue reading the post titled Who gets the pet during separation or divorce?
Can we terminate our contracts with a sanctioned country?
You, as a business owner, may be asking yourself whether you can terminate your contracts with businesses in sanctioned foreign countries. Perhaps you’re concerned that the sanctions may be levied on you, or perhaps you’re concerned about the court of public opinion. Regardless of your reaso…Continue reading the post titled Can we terminate our contracts with a sanctioned country?
Labour law 101: union-organizing campaigns
In this series we will cover some of the most important issues employers should know about dealing with unions in the workplace, including what to do when confronted with a union organizing campaign, a certification application, collective bargaining and more. What employers need to know abo…Continue reading the post titled Labour law 101: union-organizing campaigns
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