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 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?

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

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 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?

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?

Oppression Remedies – A Matter of Substance Over Form

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