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?
In my last post, which you can find here, I wrote about section 7 of O. Reg. 228/20 entitled Infectious Disease Emergency Leave (the “IDEL Regulation”) and how it affects an employee's claim for constructive dismissal. Section 7 of this Regulation of the Employment Standards Act, 2000 (the “ESA”) states: (1) The following does not constitute constructive dismissal if … Continue reading COVID-19 – Constructive Dismissal Update Revisited
As many employers are aware, not long after the start of the pandemic, the provincial government enacted legislation to preclude employees from advancing a claim of constructive dismissal based on a temporary lay-off prompted by COVID-19. More information on constructive dismissal can be found here. Specifically, the government passed O. Reg. 228/20 entitled Infectious Disease … Continue reading COVID-19 – Constructive Dismissal Update
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?
The COVID-19 pandemic forced millions across the province to work or study from home. In order to use videoconferencing or virtual classrooms, a stable internet connection is needed. While the internet has become an indispensable tool for most Ontarians, we are all well-aware of how it can also be used to harm others. The law … Continue reading Publicly Placing A Person In False Light
Despite these unprecedented and challenging times, we want to assure you that, as an essential service, our office remains open to serve you.To respond to your needs, we are available by phone (905-427-4077 x29), e-mail (firstname.lastname@example.org), as well as videoconference (Zoom and WebEx). As part of our efforts to practice social or physical distancing and help stop the … Continue reading COVID-19 Response