Alex Minkin - Articles & Videos
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.
Court Decision on After-Acquired Cause
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.
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.
