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?
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?
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?
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?
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?
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?
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?
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
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?
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?