Alex Minkin - Articles & Videos
Non-Solicitation Clauses for Therapists – are they Enforceable or Justified?
If you are a therapist planning to launch your own practice, or you operate a group practice worried about client loss, the key question is the same: Are these non-solicitation clauses actually enforceable?
When a Hostile Work Environment Becomes Constructive Dismissal
A toxic workplace culture isn’t just bad for morale, it can also create significant legal risk for the employer. In the recent case of Kennedy v. Kingston Area Taxi Licensing Commission, the court found that a persistent hostile work environment constituted constructive dismissal. The result: the employer was held liable for 24 months of notice, the unofficial “maximum” award for common law notice, as well as $25,000 in aggravated damages.
Court of Appeal Upholds Termination Clause – A Path Forward for Employers
Many employers struggle to ensure that their employment contracts contain legally enforceable termination clauses. What may seem valid and enforceable at the time of signing can later be struck down when it’s tested, often years later, at the time of dismissal. Courts have increasingly invalidated termination clauses for even minor drafting flaws, and the list of reasons for doing so continues to grow.
Court of Appeal Agrees that Termination Clause is Unenforceable
The recent Court of Appeal decision in De Castro v. Arista Homes Limited follows the current trend of courts frequently striking down termination clauses in employment contracts. In that decision, the Court of Appeal sided with the employee and upheld an award of damages that was far greater than the compensation set by the employment contract. This should serve as another reminder to employers of the significant liabilities they may face in a wrongful dismissal lawsuit and the need to have carefully drafted and up-to-date employment contracts.
Overhaul Proposed for the Civil Litigation Process
Possible changes to the civil litigation process in Ontario which will have a substantial impact on the way employment law cases proceed through the courts.
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?
