Of all the ways in which an employment relationship can terminate, there is likely none more detrimental to an employee than the dreaded dismissal for cause or for "just cause." A dismissal for cause occurs when an employer claims that they have no obligation to provide an employee with reasonable notice of their dismissal (or pay in lieu of reasonable notice) because the employee has engaged in some form of wrongful conduct causing an irreparable breac
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By Dermot Nolan There is nothing virtual about real justice. But virtual justice may be the new reality. And we should be worried. The digital trap had already been set before COVID-19 tripped it. Suddenly, everything is remote. Personal contact is out; distancing is in. We have the technology. Who needs real people? We’ve got screens. Convenient, to be sure. But dangerous. A recent internal report by two members of the powerful and little-know
With many law firms operating remotely these days, one issue that keeps coming up for lawyers is: how do we get documents signed? Jump to step-by-step instructions → The simplest option, of course, is to mail a paper copy of the document to the signor and have them sign it and mail it back. While it works, this method is very slow and inconvenient. Another option is to email the document to the signor to have them print it, sign it, scan it and then
Looking for legal advice about bad faith dismissal? Request a free callback from one of our employment lawyers This article was originally prepared for employment lawyer members of the Hamilton Law Association by Ned Nolan on November 14, 2019. Bad Faith in the Manner of Dismissal 16th Annual Hamilton Law Association Employment Law Seminar November 14, 2019 Introduction Recently, the Ontario Court of Appeal upheld a $100,00...
The Law At Work September, 2019 (Published in the Hamilton Law Association Journal) With the recent Ontario Court of Appeal decision in Colistro v. Tbaytel 2019 ONCA 197, it is becoming increasingly apparent that damages for bad faith dismissals may be on an upward trajectory. This important doctrine continues to evolve and is a powerful and uniquely flexible tool to use when advocating on behalf of employees. With these damages on the rise, it is
The Law at Work: Employment Law and the Legalization of Cannabis Mark Daly and Ned Nolan Published in the Hamilton Law Association Journal, December 2018 History was made on October 17th, 2018 as Canada hit a milestone by legalizing the recreational consumption of cannabis. While this move has been celebrated by many Canadians, it has also contributed to additional legal uncertainty – particularly in the workplace. The Law The Cannabis A
Nolan, Ciarlo LLP is a strong supporter of the Lawyers’ Legacy for Children Fund. In this photo, our senior partner, Dermot Nolan, a founder of the Fund, joins Fund Advisory Committee Chair Janet Booy and members Anandi Naipaul and Jill MacKenzie as they present a grant of $40,000 to representatives of Neighbour To Neighbour. Read more here....
On December 6, 2018, The Hamilton Law Association awarded Dermot P. Nolan of Nolan Ciarlo, LLP with the Ed Orzel Award for excellence in trial advocacy. The award recognizes a member of the Hamilton Law Association for excellence in trial advocacy for a single outstanding trial effort or for a career in trial advocacy. In the photo above, Dermot is presented with the award by Pat Mackesy, president of the Hamilton Law Association. Nolan, Ciarlo L...
JURY AWARDS $188,000; COURT FORCED TO REDUCE IT TO $5,800. November 7, 2018 If ever there was any doubt about the carnage wrought by the Ontario legislature for the benefit of the Insurance industry, look no further than the recent case of A.B. V Waite (2018 ONSC 2151), a decision by Justice C McLeod of the Ontario Superior Court of Justice. After a three week trial and three days of deliberation, the jury awarded the Plaintiff damages of over $1