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…
Spurred by the onset of the covid-19 pandemic in march 2020, Ontario courts have rapidly introduced new technologies to enable court hearings to proceed virtually. One important development is the introduction of the evidence-management software caselines. Caselines allows parties to…
Generally speaking, when an employee is terminated without cause, he or she is entitled to termination and severance pay as laid out in the Employment standards act (esa). This is considered the minimum standards. Employers cannot contract out of their…
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…
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…
An employment contract is frustrated when, through no fault of either party, it becomes impossible to fulfill the contract. For example, where a firefighter suffers an injury outside of the workplace, that renders him or her unable to ever again…
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…
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,…
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…
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…
Authored by: Andrew wray And Sam zargami 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…
Are employees entitled to bonuses after the employment relationship is terminated? Upon the termination of employment without cause, being by no fault of the employee, the employee will generally be entitled to reasonable notice of termination or pay in lieu…
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…
What happens to my job when the employer sells the business? When an employer decides to sell its business, the effect that this will have on the employees of that business will depend on how the sale takes place. Generally…
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…
As a result of the covid pandemic, the government of Ontario modified the Employment standards act (Esa) to create a new form of leave, being the “infectious disease emergency leave”. The new regulations exempted employees who were temporarily laid off…
The Ontario government announced that it is introducing new legislation to assist workers who are affected by the covid pandemic, called the Covid-19 worker income protection benefit. The new law will require employers to provide employees with up to $200…
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? A recent decision of the Ontario court of appeal, Render v. Thyssenkrupp elevator (Canada) limited, 2022 onca 310, confirmed that where an employee is terminated on a “for cause” basis,…