BY SIMRAN BAKSHI, ASSOCIATE LAWYER At first glance, Ontario’s employment law framework is deceivingly simple. If an employer seeks to terminate an employee without having any just cause to do so, it must simply provide that employee with reasonable notice of its intentions to terminate the employment, or alternatively pay
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Wise Law Blog: Wrongful Dismissal and Ontario’s Employment Law Framework
BY SIMRAN BAKSHI, ASSOCIATE LAWYER At first glance, Ontario’s employment law framework is deceivingly simple. If an employer seeks to terminate an employee without having any just cause to do so, it must simply provide that employee with reasonable notice of its intentions to terminate the employment, or alternatively pay
Continue readingWise Law Blog: Employee or Contractor? Apply the Duck Test…
BY SIMRAN BAKSHI, ASSOCIATE LAWYERHow do Ontario Courts determine if someone is really a contractor or an employee? It may surprise you to learn that the answer is actually quite simple and straightforward. Just apply the duck test: If it looks like a duck, swims like a duck and quacks
Continue readingWise Law Blog: New Ontario Law Assists Grandparents Seeking Custody and Access With Grandchildren
BY SIMRAN BAKSHI, ASSOCIATE LAWYER and GARRY J. WISE, SENIOR COUNSELTypically, grandparents have access visits with their grandchildren during the time allotted to the children’s parents. What happens to grandparental access, however, where a parent does not seek access entitlements, does not reside in the jurisdiction to exercise access, or is otherwise
Continue readingWise Law Blog: When is a Layoff Really a Termination in Disguise?
BY SIMRAN BAKSHI, ASSOCIATE LAWYER There are big differences between the ways the law treats employee layoffs and permanent terminations. Although the terms are often used interchangeably when describing employment that has ended, they are not the same thing at all.A layoff, by definition, is temporary in nature, premised on the
Continue readingWise Law Blog: The Tell-Tale Signs of Parental Alienation
BY RACHEL SPENCE, LAW CLERK AND SIMRAN BAKSHI, ASSOCIATE LAWYER Parental alienation is sadly not all that uncommon in high conflict separated and divorced families. In the first of our two-part blog series on this topic, we will begin by setting out what parental alienation is, and how best to recognize
Continue readingWise Law Blog: Are Non-Compete and Non-Solicitation Clauses Actually Enforceable?
BY SIMRAN BAKSHI, ASSOCIATE LAWYER Employment agreements will often include language that is intended to restrict the actions of employees following the end of their employment. These types of clauses, typically relating to confidentiality, non-solicitation and non-competition, are aptly referred to in the employment law world as restrictive covenants. Most
Continue readingWise Law Blog: Starting a professional practice? Why you may want to consult with a Lawyer
BY SIMRAN BAKSHI, ASSOCIATE LAWYER Anyone who has ever taken the leap to start their own professional practice will tell you of the many restless nights they have had contemplating the various, potential legal disasters their future professional practices could run into. Having personally advised my family and clients through the
Continue readingWise Law Blog: Enforceability of Employment Agreements: Termination Clauses in Ontario
BY SIMRAN BAKSHI, ASSOCIATE LAWYER In the excitement of finding a new job, it can be tempting to overlook the importance of the termination provisions that might be included in the employment contract you have been asked to sign. Employment agreements in non-union environments typically govern the terms of the working
Continue readingWise Law Blog: Dividing and Equalizing Marital Property in Ontario
BY SIMRAN BAKSHI, ASSOCIATE LAWYERThe process behind “consciously uncoupling” can be overwhelming, particularly when it comes to the division and equalization of family property.Perhaps the most common point of frustration we hear from our clients is just how daunting and confusing it can be to complete Ontario’s financial statement forms
Continue readingWise Law Blog: Top 7 Tips for Getting Fired Like a Pro
BY SIMRAN BAKSHI, ASSOCIATE LAWYER It is never a pleasant experience to learn that your employment is being terminated, no matter what the circumstances may be. Nonetheless, there is a right way of handling your dismissal. If you are careful in the way you handle your exit, it is possible
Continue readingWise Law Blog: Bogus Clergyman Creates Marital Limbo:
BY SIMRAN BAKSHI, LAWYER, WISE LAW OFFICE Imagine waking up one morning to discover that your spouse may not actually be your spouse, as far as the law is concerned. In what can only be described as “un-frikin-believable”, a Peterboroughcouple has come to learn that the wedding officiator they found
Continue readingWise Law Blog: Section 46.1 of the Ontario Human Rights Code: Civil Remedies for Human Rights Claims:
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
Continue readingWise Law Blog: Things I Learned in My First Months of Articling (that I could never have learned in law school)
In the days leading up to the beginning of my articles, I was surprised at how little I could do to prepare myself for what has thus far been the most significant experience in my legal career. While law school certainly prepares you with the technical knowledge you will rely
Continue readingWise Law Blog: Ontario Powers of Attorney for Care: The Courts’ Role in End-of-Life Care Decisions
This week at Wise Law Blog, we are exploring Powers of Attorney for Care, and end-of-life care decisions, generally. Join us as Simran Bakshi, Student-at-Law, considers a the questions and concerns around appointing an Attorney for Care and completing an Ontario Power of Attorney for Care document. Our focus thus
Continue readingWise Law Blog: Considerations in using an Ontario Power of Attorney for Personal Care:
This week at Wise Law Blog, we are exploring Powers of Attorney for Care, and end-of-life care decisions, generally. Join us as Simran Bakshi, Student-at-Law, considers a the questions and concerns around appointing an Attorney for Care and completing an Ontario Power of Attorney for Care document. As well-thought out
Continue readingWise Law Blog: The Nuts and Bolts of Making an Ontario Power of Attorney for Personal Care:
This week at Wise Law Blog, we are exploring Powers of Attorney for Care, and end-of-life care decisions, generally. Join us as Simran Bakshi, Student-at-Law, considers a the questions and concerns around appointing an Attorney for Care and completing an Ontario Power of Attorney for Care document. Our focus thus
Continue readingWise Law Blog: Considerations to Explore before Making an Ontario Power of Attorney for Personal Care:
This week at Wise Law Blog, we are exploring Powers of Attorney for Care, and end-of-life care decisions, generally. Join us as Simran Bakshi, Student-at-Law, considers a the questions and concerns around appointing an Attorney for Care and completing an Ontario Power of Attorney for Care document. The decisions involved
Continue readingWise Law Blog: What is an Ontario Power of Attorney for Personal Care?
This week at Wise Law Blog, we are exploring Powers of Attorney for Care, and end-of-life care decisions, generally. Join us as Simran Bakshi, Student-at-Law, considers a the questions and concerns around appointing an Attorney for Care and completing an Ontario Power of Attorney for Care document. There may come
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