Alex Minkin - Articles & Videos
Court Decision Changes Impact of Setting Action Down For Trial
When starting a new lawsuit, a common question we receive from clients is “how long before we get to trial?” The litigation process can take years, although the good news is that the vast majority of cases settle long before trial.
No Formula for Common Law Entitlements
There is a fairly widespread myth that dismissed employees are entitled to one month of notice per each year of service. However, there is no formula for calculating common law entitlements, and the length of reasonable notice that an employee is entitled to depends on many different factors, not just the length of service. In some cases, the entitlement can be far more than you might think.
Courts seek to decide cases on their merits, not based on technicalities
When an employee commences a lawsuit against their former employer, they often want to see the matter move forward quickly without delay. Suppose the defendant causes significant delay in delivering their statement of defence – can the defendant bring default proceedings against them?
Choosing the Wrong Court can have Cost Consequences
Choosing the proper forum is an important decision every time a lawsuit is commenced. Getting it wrong can cause you to lose out on a significant cost award if your claim is successful.
Court Orders Independent Medical Examination of Former Employee
In wrongful dismissal lawsuits, the former employee’s medical condition can sometimes become an issue for the Court to consider. To what extent can the employer test this medical condition through a Court-ordered independent medical examination of the employee?
Overtime for Managers and Supervisors
There is an exemption from overtime rules that apply to managers and supervisors, although it is a narrow exemption.
The Court of Appeal Clarifies the Need for Consideration in Employment Contracts
A recent decision of the Court of Appeal for Ontario could have significant implications on the legal requirement for fresh consideration in employment contracts.
Accepting New Employment During a Temporary Layoff
The answer is not the same in every circumstance; however, in two recent cases, it was found that an employee on temporary layoff had not resigned by accepting new employment elsewhere.
Ontario Court of Appeal sides with Fixed-Term Employee
A recent decision of the Ontario Court of Appeal examined the intersection of two areas of employment law: termination clauses and fixed-term contracts.
Building Services Providers as Employers
In most industries, there is no rule requiring new service providers to hire the employees of previous providers, and any severance obligations are the responsibility of the company that acted as the employer. However, the Employment Standards Act, 2000 and Ontario Regulation 287/01 contain special rules for employees of building services providers.
