Amending Pleadings
Depending on the stage that the lawsuit is in, amending a pleading can go from very simple to very complicated.
Mass Terminations: Telus Cutting 6,000 Jobs
As we have seen in recent years, many organizations, including the banks, go through regular downsizings that involve mass terminations. What does this mean from an employment law perspective?
Default Proceedings? Not So Fast!
Let’s assume you commence a legal action, and the defendant doesn’t bother to defend; does that mean that you simply get what you claimed without having to go through the litigation process? Not quite.
Non-solicitation clauses – what they are and what they are not.
Before putting pen to paper, it’s crucial to know exactly what a non-solicitation clause is about, and the consequences of agreeing to it.
Successor Employer: Court Found Asset Purchaser Had “Going Concern”
In an asset purchase, the employee’s employment terminates, unless the purchaser offers the employee employment, and the employee accepts.
The Dangers of Fixed Term Contracts
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.
Dismissing Employees with Medical Issues
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.
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.
Court Confirms Test for Proper Location of Proceeding
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.
Teachable moment for ESPN anchor after commenting on Zack Whitecloud’s name.
During this year’s NHL playoffs, an ESPN anchor made a comment about an Indigenous player’s name – not surprisingly, there was immediate backlash.
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.
Court of Appeal: Silence Does Not Equal Consent for Layoffs
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.
