When Does A Limitation Period Start?

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?

What is a signature in the Digital Age?

The pandemic has forced all of us to pivot from many of our previous modes of carrying out our day-to-day activities. Vaccine certificates are required in order to sit down for a meal at a restaurant. Masks and daily health screenings are needed before our children head out the door to go to school. Screen … Continue reading What is a signature in the Digital Age?

Update on Termination Clauses from the Court of Appeal

Termination clauses or notice provisions in employment agreements are an area of employment law that continues to develop at a rapid pace.  These provisions attempt to limit the amount of notice, or pay in lieu thereof, that an employee might be entitled to upon dismissal.  My previous article on this topic can be found here. … Continue reading Update on Termination Clauses from the Court of Appeal

What Am I Entitled To In A Wrongful Dismissal Claim?

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?

Update: Can I Change My Mind After I Quit?

Last year, I wrote about an Ontario Superior Court of Justice decision that dealt with the issue as to whether or not an employee can rescind a resignation. A link to that decision can be found here. The Court of Appeal recently reversed that lower court decision in English v. Manulife Financial Corporation. The following … Continue reading Update: Can I Change My Mind After I Quit?

Can You Sue Your Former Employer For Giving A Negative Reference?

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?

When Does My Disability Coverage End?

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?

Two Companies, One Common Employer 

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 

What makes for a reasonable job search after dismissal?

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?

Potter v. New Brunswick Legal Aid Services: Constructive Dismissal Update

A constructive dismissal action can be a risky undertaking.  Part of the problem is in satisfying the test for a constructive dismissal.  The Supreme Court of Canada set out this test in its decision in Farber v. Royal Trust Co., that is, "a fundamental or substantial change to an employee's contract of employment."  A change in … Continue reading Potter v. New Brunswick Legal Aid Services: Constructive Dismissal Update