Alex Minkin - Articles & Videos
Mitigation Income
A dismissed employee’s damages are subject to mitigation and any income they earn during the common law notice period is to be deducted from the damages owing from their former employer.
Moral Damages Awarded to Dismissed Employee
When dismissing an employee, the employer is expected to treat the employee fairly and respectfully, and in good faith. Acting in bad faith can attract awards of damages in addition to the damages normally awarded for wrongful dismissal.
Terminating Fixed Term Contracts
Terminating a fixed term contract can result in significant liability for a company, even when that contract is for an independent contractor rather than an employee.
“Salary” Doesn’t Mean Only Base Pay
The recent Court of Appeal decisions of Maynard v. Johnson Controls Canada LP and Nader v. University Health Network suggest that “salary” doesn’t mean base pay alone, and that the employer could be liable for other elements of compensation, including bonus payments.
Appealing Court Decisions
Clients often ask us what the process would be for appealing a Court decision, and understanding your rights to appeal are important for deciding which steps to take in your case.
Amending Pleadings
Depending on the stage that the lawsuit is in, amending a pleading can go from very simple to very complicated.
Enforcing Settlements
Any settlement reached between parties can be enforced by the Courts, whether litigation was already commenced or not. However, it is the job of the non-breaching party to take steps to enforce the settlement, which can often take time and money.
Obtaining Disclosure of Documents
What do you do if there is a key document that can help prove your case, but it is in the possession of the opposing party, and you don’t have access to it? Clients often ask us how we can obtain documents from the other side.
The Discovery Process
If you are a party to litigation, either as a plaintiff or a defendant, it is helpful to understand the steps that will take place as part of the litigation process. One of the more important and complex steps in litigation is the discovery process.
New Court Decision on Infectious Disease Emergency Leave
As we have written about previously, there are conflicting Court decisions about the legal effect of leaves under Infectious Disease Emergency Leave.