Employees are entitled to reasonable notice upon termination of their employment. However, a termination clause contained in an employment contract …
Can Lay Witnesses Provide Opinion Evidence?
Can Ministry of Labour Inspectors or Officers (i.e. lay-people) offer opinion evidence? Brief Answer: Yes (probably). Introduction: In R. v. …
What if my old employer gets me fired from my new employer?
If a party, like a former employer, suggests to another to fire a certain employee, the party who tattled on …
Is Discipline Due Diligence?
In an Occupational Health and Act (“OHSA”) prosecution, the best defense is “due diligence”. In that regard, courts have held that …
Are construction employees entitled to notice of termination?
Construction employees are not entitled to termination or severance pay under the Employment Standards Act (the “Act”). Section 1 of Ontario …
Record of Employment Codes
When an employee is terminated, the employer must submit to Service Canada a Record of Employment (“ROE”) on behalf of the employee. …
(Just) $4000 Punitive Damages for Wrongful Dismissal
In Budge v Dickie Moore Rental Inc, 2017 CanLII 468 (ON SCSM), the Ottawa Small Claims Court considered the right …
$25,000 Reasons to Mitigate your Damages
This case demonstrates the old idiom – don’t go throwing good money at bad. Here, in the recent case from the …
Are legal costs determined on an issue by issue basis?
It is well known that the losing party to a wrongful dismissal lawsuit must pay a portion of the successful party’s …
What Should I do if my Employer Stopped Paying me?
Last week, a potential client called and told me they hadn’t been paid in several months. They were employed by …