Rudner Law Blog

In an asset purchase, the employee’s employment terminates, unless the purchaser offers the employee employment, and the employee accepts.

A recent decision of the Ontario Court of Appeal is an important reminder of how costly fixed term agreements can be for businesses when they are not used correctly.

Can an employee who discloses a medical issue, or who goes on a medical leave of absence, be dismissed? Contrary to popular belief, the answer is yes. However, to avoid liability, the employer must be able to show that the dismissal was entirely unrelated.

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.

You’re located in Ontario and want to sue someone in another province regarding a loss you suffered in Ontario. No problem, right? Like many aspects of the law, however, it’s not always that simple.

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.

This decision serves as an important reminder for employers to ensure there is a strong and enforceable written employment agreement in place allowing temporary layoffs.

The age old question: can you be fired for what you do off-duty? As is often the case, the answer is “it depends”. You can be, but only in limited circumstances.

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.

All employees who are dismissed have a duty at common law to mitigate their damages by finding comparable replacement employment as quickly as possible.