Litigation

You have recently lost your job after fifteen years, yet the company won’t give you more than the statutory minimum of eight weeks’ Termination Pay.

Or you were harassed so badly that you had no choice but to quit. Do you have a remedy?

What if your job application was rejected because of the colour of your skin, or your religion, or the fact that you have young children or a medical condition?

At Rudner Law, we will meet with you to thoroughly review the situation and assess the strengths and weaknesses of your case and the options and strategies available to you. If it means pursuing a claim, then we will do so on your behalf.

We recognize that litigation can be costly, stressful, and unpredictable. At Rudner Law, we do our best to explore and explain the options available. Ultimately, we want you to make an informed decision regarding how to pursue your case.

Every decision should be made based on an analysis of the costs and benefits, which we will make transparent to you from the very beginning. After all, it is rarely worth spending $25,000 to get $5,000.

In some cases, it will be strategic to bring a claim in the civil courts, whereas in others, a claim before a tribunal like the Human Rights Tribunal will be more appropriate. Even within the civil courts, there are various options. For example, Summary Judgment can be used to move your case forward quickly and keep the pressure on the other side, so that they cannot simply delay and hope that you will give up.

In Canada, the vast majority of disputes settle without the need for a trial or hearing, but we will ensure that you are ready if a trial or hearing is necessary.  Doing so will also put you in the best position to achieve a good settlement.

“Si vis pacem, para bellum” — “If you want peace, prepare for war”

In the legal context, the best way to achieve a successful settlement is to prepare for trial.

As we move forward, we are constantly assessing your situation. You may decide that you do not want to litigate, but want to pursue the best possible resolution without litigation. As long as we understand your goals, we will work toward achieving the best possible result for you.

How we can help

Our team is committed to having our clients achieve the best results possible, whether that is achieved through negotiation or litigation. We have experience representing clients in the civil courts, before Human Rights Tribunals, before employment standards tribunals, and at mediation. This includes bringing injunctions on the part of our clients where appropriate.

Stuart commenced his career in the litigation department of a national law firm, and carried on litigation in a variety of contexts, including employment law. In 2008, he appeared at the Supreme Court of Canada in the landmark employment law case of Keays v. Honda Canada Inc., which was described as “one of the most anticipated wrongful dismissal cases of the decade” by the National Post.

In the Honda case, Stuart was retained by the Human Resources Professionals Association in order to seek leave on their part to have status as an Intervener. After successfully doing so, Stuart made written submissions and oral argument before the highest court in the country. Ultimately, the Supreme Court adopted most of his submissions.

When it comes to representing our clients, we are zealous advocates. At the same time, we will give you an honest opinion of the strengths and weaknesses of your position, and we will help you to balance the costs and benefits at each step of the way, so that we can pursue a strategy that effectively meets your goals.

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If you think you may need an Employment Lawyer, then you probably do.