Revisiting the Tort of Harassment

In a previous article, I wrote about the development of the tort of harassment. A link to this article can be found here. However, earlier this year, the Court of Appeal reversed the lower court's decision and concluded that there is no basis at this time to recognize a new cause of action based on harassment. … Continue reading Revisiting the Tort of Harassment

Can you contract out of Employment Standards?

The answer to this question is fairly clear. The Employment Standards Act, 2000 specifies that an employer, an employee, or their agents may not enter into an agreement that waives an employment standard. Any such agreement is considered void under the legislation. One example is a notice provision or termination clause in an employment contract … Continue reading Can you contract out of Employment Standards?

Can You Sue Your Former Employer For Giving A Negative Reference?

It is less and less common for an employee to spend his entire working career with one employer. In order to build a more impressive resumé and develop a greater skill set, it is not uncommon to find employees spending several years with one employer, then moving on to other opportunities, and repeating the process … Continue reading Can You Sue Your Former Employer For Giving A Negative Reference?

Can I Change My Mind After I Quit?

People quit or resign from their jobs for a variety of reasons.  Some decide to do so after careful consideration of the advantages and disadvantages.  For example, some leave their job for another position with a different employer.  Others decide to resign on the spur of the moment, and sometimes in the heat of the … Continue reading Can I Change My Mind After I Quit?

Can I Seek Re-Training and Still Sue for Wrongful Dismissal?

Any time an employee is dismissed without cause and chooses to sue the employer for wrongful dismissal, the employee is obligated to attempt to mitigate his damages, or minimize his losses, by looking for similar work. In Michaels v. Red Deer College, the Supreme Court of Canada confirmed that an employee must take reasonable steps to … Continue reading Can I Seek Re-Training and Still Sue for Wrongful Dismissal?

Who Is Liable In A Fight Between Athletes?

We are a sports-loving nation. No surprise there. Not only do we love watching sports, many of us are passionate about competing in sports and similar athletic pursuits. Occasionally, however, that passion can get the better of an athlete, causing him to start a fight with another competitor. Think of a hockey enforcer responding to … Continue reading Who Is Liable In A Fight Between Athletes?

When Does My Disability Coverage End?

Employees who participate in a group benefits plan often enjoy coverage for prescription drugs, dental care, and life insurance, among others. Some group benefits plans include coverage for things like accidental death and dismemberment, and short term disability. Not surprisingly, among the more desirable benefits is long-term disability coverage. However, as employees move or transfer … Continue reading When Does My Disability Coverage End?

Is Your Home Office A Fundamental Term Of Employment?

How would you feel if you had the benefit of working from home for many years, only to have your employer tell you that you are no longer able to do so and must work from the head office instead?

Video – My disability claim was denied. When should I sue the insurer?