BY SIMRAN BAKSHI, STUDENT-AT-LAW, WISE LAW OFFICEThe enactment of section 46.1 of the Ontario Human Rights Code in June of 2008 provided for a much-awaited civil remedy for human rights claims. The expectation was that a number of human rights cases, particularly those closely related to a civil cause of action would be diverted to . . . → Read More: Wise Law Blog: Section 46.1 of the Ontario Human Rights Code: Civil Remedies for Human Rights Claims:
When will Ontario’s courts impute income to a parent for the purpose of calculating his or her child support obligations?Section 19(1)(a) of the Child Support Guidelines grants the court the right to impute income to a parent if deemed appropriate to do so under the circumstances. For example, the court may impute income to a payor . . . → Read More: Wise Law Blog: Intentional Under-Employment – Judges Tell Payors "Get a Real Job!"
My post @SlawTips today looks at the calls for technological modernization of Canada’s court system.
It may seem like equal parts pipe dream and unscheduled inevitability, but in the context of an acknowledged access to justice crisis in Canada, the call for technological modernization of our nation`s courts seems to be approaching . . . → Read More: Wise Law Blog: eCourts in Canada
Of course the mayor will now appeal his removal from office and attempt to run the clock until the next municipal elections in 2014. (The guy spends more time in court than I do…) It almost makes one yearn for the relative calm of the sedate … . . . → Read More: Wise Law Blog: Toronto’s Ford Follies
In Bowes v. Goss Power Products Ltd., decided May 25, 2012, the Court of Appeal for Ontario was faced with an interesting question of law:
Is an employee, who is terminated without cause, required to mitigate his or her loss when entitled to a fix term of notice or pay in lieu of notice?
. . . → Read More: Wise Law Blog: Ontario Employment Law: Contractual Entitlement to Notice and the Question of Mitigation
In Chandran v. National Bank, Pollak J. in his endorsement on costs dated July 21, 2011, neatly summarizes how prejudgment interest is calculated in a wrongful dismissal action as follows: … [T]he prejudgment interest on the damage award is calculated as follows: – first, the interest owed from the beginning of the notice period . . . → Read More: Wise Law Blog: Ontario Employment Law: Prejudgment Interest On Wrongful Dismissal Damages
In Thorne v. The Hudson Bay Company, a case decided September 21, 2011, the Plaintiff, a 37.5 year employee who had been dismissed without just cause sued for wrongful dismissal after receiving a bare-bones severance package that was limited to her E… . . . → Read More: Wise Law Blog: Ontario Employment Law: Summary Judgment In Wrongful Dismissal Actions
McNamee v McNamee – an interesting analysis of “gifts” that may be excluded from calculation of net family property under s. 4(2) of the Family Law Act.FactsClayton McNamee, appellant, and Connie McNamee, respondent, were married for 18.5 years with th… . . . → Read More: Wise Law Blog: Ontario Court of Appeal: McNamee v McNamee, 2011 ONCA
In Harvey v. Shoeless Joe’s Limited, a May 26, 2011 summary judgment ruling of Stinson J. of the Ontario Superior Court of Justice, the Court deals with the two of the questions that are central in every wrongful dismissal action:Is the Plaintiff enti… . . . → Read More: Wise Law Blog: Ontario Employment Law: Determining The Appropriate Period Of Reasonable Notice
Frustration of an employment contract occurs when, through no fault of either party, an event occurs that makes the contract impossible to perform. Under Ontario law, where an employee is suffering from a permanent disability with no reasonable prospe… . . . → Read More: Wise Law Blog: Ontario Employment Law: Disability and Frustration of An Employment Contract
Ontario Court of Appeal Chief Justice Warren Winkler has just completed a impassioned speech at the 5th Annual Family Law Summit at Toronto. Continuing his call for reform to Ontario’s family law system, and underlining his postion that the entire sys… . . . → Read More: Wise Law Blog: Chief Justice Warren Winkler at Family Law Summit
I’m spending today and tomorrow attending (via live videostream) the Law Society of Upper Canada’s 5th Annual Family Law Summit at Toronto. Ontario Attorney General Chris Bentley has just concluded a short speech, recapping the Province’s family law in… . . . → Read More: Wise Law Blog: Ontario A.G. Chris Bentley at Toronto Family Law Summit
Each week, Wise Law Blog reviews important decisions from the Ontario Human Rights Tribunal.SUBSTANTIVE RULINGSKerry Pinkney v. Datex Billing ServicesIn this case, the applicant alleged discrimination on the basis of sex in employment, contrary to the … . . . → Read More: Wise Law Blog: Ontario Human Rights Tribunal Digest – April 1-30, 2011