Representative plaintiffs ought to be rewarded for their efforts

/ Class Action /

By Tony Poland, LegalMatters Staff • A court decision denying a representative plaintiff an honorarium because her participation in a lawsuit wasn’t deemed exceptional is a “poor development in the law,” says Toronto class-action lawyer Margaret Waddell. Earlier this month, Ontario Superior Court dismissed a request in Makris v. Endo International PLC for a $15,000 […]

Representative plaintiffs ought to be rewarded for their efforts Read More »

Knowing your rights, responsibilities in a termination can avoid hardship

/ Employment/Labour /

By Tony Poland, LegalMatters Staff • Failing to get the right advice on a severance package can be a costly mistake for both employers and workers, says Toronto-area employment lawyer and mediator Stuart Rudner. Rudner, founder and principal at Rudner Law, says job dismissals are complicated and making assumptions when it comes to termination obligations

Knowing your rights, responsibilities in a termination can avoid hardship Read More »

Make your children the number one priority during your divorce

/ Family Law /

Children may experience a great deal of stress and emotional challenges when parents divorce. Child custody and access cases are certainly most challenging for parents and their children.  Children often must adapt to new living arrangements, and they may be struggling with anger and confusion. As parents, you have a great deal of influence over

Make your children the number one priority during your divorce Read More »

Insurers obligated to provide notice when terminating a policy

/ Personal Injury /

Is an insurance company entitled to terminate an automobile policy without providing notice on the basis of material misrepresentations in the application? In Merino v ING Insurance Company of Canada, the Ontario Court of Appeal says no. The court found an automobile insurer in Ontario cannot rescind an automobile insurance contract at common law ab initio, and

Insurers obligated to provide notice when terminating a policy Read More »

Thinking about heading south this winter? Check with your employer

/ Employment/Labour /

Winter will soon be upon us and when we’re locked in the grips of bitterly cold weather, many Canadians start contemplating a sandy beach in a warmer climate. But before you book your Jamaican holiday make sure your boss has approved your plans. The COVID-19 pandemic has disrupted our lives in countless ways and now,

Thinking about heading south this winter? Check with your employer Read More »

SCC ruling: Terminated workers deserve proper payments

/ Employment/Labour /

A recent Supreme Court decision provides important clarity on how language in employment contracts limiting severance payments cannot easily be used by employers to limit their liability to employees when they terminate their employment. The main message is that an employee’s right to damages cannot be easily displaced. A quick review of the facts. The

SCC ruling: Terminated workers deserve proper payments Read More »

Questions, concerns remain about company dress code policies

/ Employment/Labour /

By Tony Poland, LegalMatters Staff • A recent workplace dismissal case that garnered media attention demonstrates that while discriminatory dress code issues are not new, some questions and concerns remain, says Toronto employment lawyer Ellen Low. An Edmonton woman filed a human rights complaint against a car dealership, claiming she was fired for wearing clothes

Questions, concerns remain about company dress code policies Read More »

There are ways to avoid a record if charged with domestic assault

/ Criminal Law /

When a client is charged with committing a domestic assault, one of the initial questions they ask their lawyer is, “How do I have the charges dropped?” If a person has a strong case and clear evidence indicating that the complainant is lying about what occurred, the best option may be to go to court

There are ways to avoid a record if charged with domestic assault Read More »