There has been a question burning in the minds of members of the employment bar for over a year now.
Many employers have reduced their employees' hours - or laid them off entirely - and have cited the COVID-19 pandemic as the cause. Before the pandemic, except in some cases where an employee's contract specifically allowed for such changes, these employer actions would have amounted to unambiguous breaches of the employment contract by the employer ...
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"Totally Disabled." "Own Occupation."
"Any Occupation." "Internal appeal."
What does it all mean and what should you do when you're faced with a claim denial or when your LTD benefits get cut off?
Longterm disability (LTD) protection is supposed to be there for you when you need it. If you have to stop working because of physical or psycholog...
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It can sometimes be hard to accept, but, with few exceptions, the answer to this question is usually no: employers do not have to provide employees with a reason for firing them.
It is a natural instinct for employees, having just suffered the devastating news of losing their job, to focus on the "why."
"But I just had great performance review!"
"But they replaced me with someone more junior!"
Unfortunately, these sentiments - which seek to point ...
Common sense would tell us that a person is responsible for his or her own actions. As a matter of legal liability, however, matters are rarely quite so straightforward. What if a person is at work when their actions cause harm? What if the wrongdoer does not have the ability to pay for the consequences of their actions? This is where vicarious liability comes into play.
In the context we are considering here, the common law doctrine of vicarious liabi
We’re honoured to have been voted the #1 Hamilton Personal Injury Law Firm in this year's Hamilton Spectator Readers' Choice awards! We also garnered Gold in the Top Hamilton Real Estate Law Firm category, and our Ned Nolan was rated Platinum in the Top Hamilton Employment Lawyer category.
It’s always nice to win recognition like this, but it’s important to take a moment to remember what it really means.
Does this mean that we’re actually th...
The phrase, "you can pay me now or pay me later" was a clever advertising slogan for an automotive oil filter back in the 80’s. The message was that you can pay a small amount for a good oil filter now, or, if you don’t, you’ll pay much more later when your car breaks down.
The same principle applies to paying legal fees: paying a small amount to get good legal advice up-front can save a lot of headaches and wasted money down the road.
This was s...
For most people, estate planning consists of two things: making a Will, and making Powers of Attorney for both Property and Personal Care.
Preparing to make a Will
When it comes to your Will, the first thing you need to think about is picking an Estate Trustee. In addition to your primary trustee, it's a good idea to also name an alternate (or backup) in case for any reason your first choice for an Estate Trustee isn't able to act when the time come
Why Make a Will?
Preparing a will is one of the most important tasks you will do in your lifetime. A will is essential in order to simplify matters following your death and allows you to plan a sensible, cost effective and satisfying transfer of wealth. It provides you with the opportunity to prepare for the future in a manner that protects you and your loved ones. A carefully planned will is also imperative if you are responsible for the care and su
When you lose your job and are pursuing a claim for wrongful dismissal, you will hear reference to your duty to mitigate.
It often comes as a complete surprise to employees that their former employer is entitled to know about – and entitled to a credit for – an employee’s post-dismissal employment income. But this is a very important concept for dismissed employees to understand. Mitigating your damages (or failing to do so) can easily be the differenc...
