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?
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?
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
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?
Both the Canada Business Corporations Act and the Business Corporations Act in Ontario provide for an oppression remedy available to any of a corporation's shareholders, directors, creditors or officers as a result of unfairly prejudicial or oppressive conduct of the corporation. Recently, the Supreme Court of Canada released its decision in Menillo v. Intramodal Inc., … Continue reading Oppression Remedies – A Matter of Substance Over Form
The Ontario Human Rights Code provides that an employer has a duty to accommodate a disabled employee to the point of undue hardship. An employer's failure to comply with this duty constitutes discrimination on the basis of disability and can trigger a variety of different remedies, including reinstatement of employment. A recent decision of the Court … Continue reading What Does Undue Hardship Mean?
Sometimes, an employer is acquired or taken over by another company. Other times, an employee is moved from one company to another related company. In the employment law context, this can sometimes give rise to what some lawyers refer to as the "common employer" doctrine or principle. According to this principle, an employee working for … Continue reading Two Companies, One Common Employer
In a wrongful dismissal action, an employee has a duty or obligation to mitigate his or her losses by making reasonable efforts to search for new employment. This duty does not mean that the employee is required to take any job that is available, but the employee is required to look for a position comparable to … Continue reading What makes for a reasonable job search after dismissal?
When an individual's employment is terminated, even though he has not done anything to warrant termination (i.e. dismissal without cause), the employee is entitled to reasonable notice - working notice, pay in lieu thereof, or a combination of the two. During the notice period, the employee is entitled to receive compensation for every aspect of … Continue reading Bonuses: Do you know what you are entitled to when you are let go from your job?