From time to time, potential clients will contact me about a possible lawsuit that is already statute-barred. In other words, the limitation period has already expired. When this happens, I explain to them that their options are very limited. This is because the expiration of the limitation period can be a complete defence to that … Continue reading When Does A Limitation Period Start?
Quite often, when I am asked by a client to review a severance package, the entitlement to a bonus is an important factor. In some cases, the employer historically pays a bonus, which varies in amount from year to year, but is entirely gratuitous with no connection whatsoever to the performance of the employee or … Continue reading I Have Just Been Let Go. What Happens To My Bonus Now?
I often receive phone calls from employees who are members of a union with inquiries about claims that they would like to pursue against their employers. Unfortunately, except in very limited circumstances, there is little that I can do as an employment lawyer to help them. The limited circumstances where I can assist a union … Continue reading As A Union Member, Can I Sue My Employer?
Most of the time, when a client comes to see me about a wrongful dismissal, the client tells me, "I only want what I am entitled to." However, most of the time, the client does not really know what he or she is entitled to in damages or compensation. The Court of Appeal's decision in … Continue reading What Am I Entitled To In A Wrongful Dismissal Claim?
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?
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?
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?
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?