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?

What will happen to my job now that the business has been sold?

Mergers and acquisitions of companies and their assets occur on a regular basis. Sometimes the entire company is acquired by way of a purchase of the shares. At other times, only the assets of the company are purchased, leaving ownership of the company intact. From an employee's point of view, this distinction can be important … Continue reading What will happen to my job now that the business has been sold?

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

Many employees are fortunate enough to have long-term disability coverage as part of their remuneration package. Generally speaking, long-term disability insurance is intended as a means of income replacement when injury or illness prevents a person from working. Many long-term disability insurance policies provide that a person is entitled to benefits from the policy only … Continue reading My disability claim was denied. When should I sue the insurer?

What is the Tort of Harassment?

I am often contacted by individuals who tell me that they have been subjected to harassment. In some cases, the individual did not really have much of a case because the conduct complained of was not severe or harsh enough to cause actual emotional distress. It may seem insensitive, but unfortunately, the law will not compensate … Continue reading What is the Tort of Harassment?

Introduction to Injunctions

For many people, when they think of civil litigation and going to court, they think of suing for damages or monetary compensation. However, damages are just one of several forms of relief that a court can order. Injunctions are another form of relief that can be sought in a civil litigation case. Simply put, an … Continue reading Introduction to Injunctions

What Is Unjust Enrichment and How Can It Affect My Property Rights?

When people think of property rights between individuals, often matrimonial disputes come to mind. In Ontario, only married couples have a right to what is called "equalization of net family properties" as provided for under the Family Law Act. For unmarried couples, any right to the property of the other spouse after a breakdown of the relationship … Continue reading What Is Unjust Enrichment and How Can It Affect My Property Rights?

How Long Can I Wait To Sue My Employer?

This is a question that I am often asked by clients. The Limitations Act, 2002, S.O. 2002, c. 24 provides that a person generally has 2 years from the day when that person knew or ought to have known that an injury, loss or damage had occurred. There are circumstances where the limitation period is extended … Continue reading How Long Can I Wait To Sue My Employer?

What medical information can an employer request?

For most employers, it is a common practice or policy to require medical documentation when an employee is off from work for an extended period of time due to illness or injury. There is, however, a delicate balance that an employer must strike between obtaining information needed to accommodate the employee’s disability and respecting the … Continue reading What medical information can an employer request?

Negligence and Children’s Liability

As a father myself, the idea of children being held liable hits home for me. We generally consider children to be innocent and incapable of the kinds of wrongdoing that we generally associate with adults. The law, however, does not have the luxury of turning a blind eye to this. Last month, the Court of … Continue reading Negligence and Children’s Liability

Wrongfully Dismissed? Where Should You Sue Your Employer?

It is not at all unusual for an employee to reside in one country, but work in another. In fact, it is not unusual for an employee to regularly work in more than one country. It is also common for the employer to maintain its head offices in a different country than the one where … Continue reading Wrongfully Dismissed? Where Should You Sue Your Employer?