In 2017, in its decision in Saadati v. Moorhead, the Supreme Court of Canada addressed the question of what constitutes a compensable mental injury and the kind of evidence needed to prove that injury. The Court of Appeal recently revisited this question in its decision in Bothwell v. London Health Sciences Centre. Facts of the Case … Continue reading Saadati v. Moorhead Revisited – Proving Mental Distress Damages
Employment law has numerous terms or concepts that are not self-explanatory to lay people. Constructive dismissal and mitigation efforts are a couple of examples of this. Unless you are an employment lawyer, their meanings are not immediately obvious. There are also some obscure terms or concepts that can be foreign even to employment lawyers. The … Continue reading Changed Substratum – When your job duties no longer match your employment contract
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?
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?
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
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?
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?
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?