In a previous article, I wrote about the development of the tort of harassment. A link to this article can be found here. However, earlier this year, the Court of Appeal reversed the lower court's decision and concluded that there is no basis at this time to recognize a new cause of action based on harassment. … Continue reading Revisiting the Tort of Harassment
It is less and less common for an employee to spend his entire working career with one employer. In order to build a more impressive resumé and develop a greater skill set, it is not uncommon to find employees spending several years with one employer, then moving on to other opportunities, and repeating the process … Continue reading Can You Sue Your Former Employer For Giving A Negative Reference?
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?
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?
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?