Alex Minkin - Articles & Videos

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.

Can an employer assert just cause for a dismissal that happened years before? Here’s one case where facts came to light after the dismissal.

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.

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 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.

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.

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.

Depending on the stage that the lawsuit is in, amending a pleading can go from very simple to very complicated.

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.

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.