Judges, like all professionals, are not immune from making mistakes. In Ontario, a party challenging a trial judge’s decision may appeal on the grounds of legal errors, factual errors, or procedural issues. However, navigating the appeals process can be complex,…
Zoning laws restrict landowners or property owners in how they can use or develop their land or building. For example, most municipalities prohibit building residential homes near industrial parks or power plants. Many cities also have zoning bylaws that limit…
Residential properties, whether new or old, can have various defects arising from poor materials, workmanship, or wear and tear over time. Depending on the type and visibility of a defect, either the purchaser or the seller can be liable. The…
Due to recent developments in the courts, updates to the Employment Standards Act (the “ESA”), and workplace changes due to Covid-19, which have had a direct effect on the employment agreements of most Ontario employers, employers have increasingly sought to…
Many employers include a probationary period in the employment contracts they offer to prospective employees. Generally, the probationary period is 3 months, but there is no limit to the maximum length a probationary period may be. the purpose of…
Long-term disability insurance, also commonly known LTD insurance, refers to a type of coverage that will pay benefits to compensate for a portion of your income in the event that you become unable to work due to a medical condition.…
LTD insurance claim denied due to misrepresentation Where the insurance provider takes the position that the policy holder misrepresented a fact, or lied, during the application process and there was a subsequent approval of LTD insurance, the insurer will deny…
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 to the increased number of properties available on the market.…
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 stressful to experience a termination and have to make decisions…
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, the purchase price and closing date. If either party cannot…
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. Such terms may be enforceable where the employee quits his…
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 employment and the size of the employer, the employee may…
When an employee remains in the same company for an extended period of time, it is common for their responsibilities to shift and increase in comparison to when they were first hired. This raises the concern of whether an employee…
As the economic situation continues to evolve, companies are making rapid changes to their workforce. Unfortunately, these changes can result in mass layoffs, which can be difficult for both employees and employers. Earlier this month, Nordstrom announced it was shutting…
Ontario Severance Pay: What if I Am Fired for Cause? Render v. Thyssenkrupp Elevator (Canada) Limited, 2022 ONCA 310 confirmed that where an employee is terminated on a “for cause” basis, the employer may be required to provide severance pay…
There are various reasons for which insurance providers may deny long term disability (LTD) benefits to a policy holder even though he or she has become unable to work due to a medical condition. These reasons may be found in…
Back to work for first time since covid, and my job has dramatically changed, what are my legal rights? Covid-19 has caused significant changes to the job market in Ontario and all of Canada, many people have lost their jobs…
Since the beginning of the Covid pandemic, given its severe negative effects on the job market, there has been an outstanding question of how courts in Ontario will resolve employment termination cases in the context of the pandemic. Due to…
Employers in various industries often include non-competition agreements or clauses into their contracts with employees. This is common, for example, in professional services industries such as accounting, dentistry, legal, and also financial services, among others. Non-competition clauses prevent employees from…
We answer this employment law question in an article we wrote for mechanical business magazine. #mechbiz “One of the most common questions in the minds of business owners across the country is whether employees can, and should, be required to…