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Category: Uncategorized

ONCA Cautions Against Partial Summary Judgment

By , December 8, 2017 9:46 am

As I noted in an earlier blog, the Supreme Court in Hryniak v Mauldin, “rewrote the law on summary judgment” and opened the doors to a fast and cost-effective method of obtaining judgment for terminated employees. The courts since specifically recognized that straightforward wrongful dismissal cases are particularly well-suited for summary judgment. However, in the Continue Reading…

Damages Owed Under Fixed Term Contracts

By , November 28, 2017 12:32 pm

In my last blog post, I discussed a case where an independent contractor who signed a fixed term contract was owed notice of termination, specifically, 5 months and 3 weeks. There are very important differences between indefinite and fixed term contracts, particularly at the time of termination. In this week’s blog post, I’ll delve deeper Continue Reading…

Termination: Not A “Free Pass” To Change Careers

By , November 11, 2017 5:06 pm

An employee’s responsibilities do not necessarily end upon termination. Employees have an obligation to mitigate their losses by making reasonable efforts to seek comparable new employment. Although this may prove challenging, employees should not view their termination as an opportunity to leap into a new career path. In the recent Superior Court decision of Benjamin v. Continue Reading…

A No Cost Process for Claiming Damages If You Are Fired for Asserting Your Employment Rights

By , August 25, 2017 11:54 am

If you are punished for asking your employer to comply with the Employment Standards Act there is a no-cost complaint process available to you. In particular, you can file a complaint with the Ontario Ministry of Labour and an Employment Standards Officer will investigate your claim at no cost to you. Riverdale Hospitality Inc. v. Continue Reading…

Can I go back to school to retrain after being terminated?

By , June 12, 2017 8:37 am

As we have written before, once a person’s employment is terminated, that person has a legal obligation to look for alternative employment. We often receive calls from recently-terminated long service employees who ask us whether they can go back to school to retrain so that they can compete with younger members of the workforce. A Continue Reading…

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