Things To Keep in Mind When Hiring Summer Students and Interns
For most of us, the summer season brings with it opportunities to travel and enjoy the great outdoors. for students, summer represents a valuable opportunity to gain employment experience. Hiring…
How Do Fixed-term Contracts Affect Employment Rights Upon Termination?
Generally speaking, fixed-term contracts allow employers to predetermine the date on which the employment relationship will end with an employee without the need to provide notice of termination or payment…
Unfulfilled Promises: Seeking Damages For Failed Property Closures
Toronto’s extreme housing market has always been the talk of the town, but recently it has slowed down significantly. This slowdown has left many sellers with reduced bargaining power due…
Pre-existing Conditions and Other Exclusions; How Do They Affect Your LTD Policy?
Many long-term disability insurance policies include provisions indicating that, under certain circumstances, you will not receive LTD benefits even if you have been found to be unable to work due…
How Do I Know If My Termination Package Is Good?
When employees are terminated without notice, they are typically provided with a termination letter outlining what the employer is offering in terms of a monetary payout. It can be incredibly…
When Can Parties Back Out of A Real Estate Transaction?
In Ontario, parties to a real estate transaction sign an agreement of purchase and sale (“APS”) which outlines the agreed upon terms between the parties involved, including among other things,…
Restrictive Covenants in Employment Agreements
In the employment context, the term “restrictive covenant” refers to terms in the employment agreement which attempt to limit what employees can do after the end of the employment relationship.…
Severance Pay in Ontario: What Do I Get If I Am Terminated?
The Labour Relations Board clarified section 64 of the Employment Standards Act, 2000 (“ESA”). This section provides authority for when an employee is entitled to severance pay in Ontario upon…
The Law Presumes Bargains Not Gifts
When a person receives money or property without giving something in return, the law presumes he or she has an obligation to return it to the person from whom he…
Am I Entitled To Severance Pay?
When an employer terminates an employee’s job without cause, it will generally be required to either provide notice or termination pay in lieu of notice. Depending on the length of…
Can Disability Benefits Be Denied With Surveillance Evidence?
Surveillance evidence generally becomes relevant when policy holders are receiving LTD benefits, or when litigation is taking place where payment for benefits is being sought. This occurs where the insurance…
Reliance, Punitive, and Special Damages in Failed Real Estate Transactions
If a purchaser or seller fails to close a real estate transaction in accordance with the agreement of purchase and sale (“APS”), they may expose themselves to significant liability. The…
Your Right To Long-term Disability Benefits Despite Resignation or Termination of Employment
Subject to the policy requirements to provide timely proof of claim and to commence the claim within the relevant limitation period, if the incident or illness occurred or arose during…
Can You Resign During A Working Notice Period and Still Get Severance Pay?
From time to time, we meet with employees who have been given notice of termination and want to know what happens to their severance pay if they decide to resign…
What Happens If My Employer Reneges On A Verbal Agreement?
The best practice is to always lay out the terms of your agreement in writing. This is true for employment contracts as well. Generally, a written contract allows both the…
Constructive Dismissal: Does Not Always Require A Salary Reduction
In this Ontario Superior Court decision, Justice MacDougall considered the case of a manager who was demoted in title and had his direct reports removed from his supervision. The issue…
Rules of Civil Procedure Rule 21.1
Under the Ontario Rules of Civil Procedure Rule 21.1, civil litigation trials in Toronto, Ottawa, and Windsor are subject to the mandatory mediation program. Under this program, actions that are…
Don’t Take “No” for an Answer: Tips for an Effective LTD/STD Benefit Claim
Short Term (STD) or Long Term Disability (LTD) benefits provide income replacement benefits to workers who become temporarily or permanently disabled. In law, the LTD or STD insurance policy is…
Class Action Lawsuit For Unpaid “interns”
Unpaid internships are becoming more common in the labour market and are replacing entry level positions in various industries. Typically, unpaid internships have been the means of gaining experience in…
The Ontario Court of Appeal Re-affirms the Principle That Employment Contracts Are To Be Interpreted Objectively.
The Ontario Court of Appeal’s decision Rahman v. Cannon Design Architecture Inc., 2022 ONCA 451 (“Rahman”) re-affirms the general rule that a contract, including an employment contract, must be interpreted…