"We heard you had a baby…"
BY NITIN PARDAL, LAWYER, WISE LAW OFFICE A warning to mothers who gave birth at Rouge Valley Centenary Hospital – Big Brother may be watching you. Or just trying to…
Nitin Pardal
Salt on a Wound: Breaching Confidentiality of a Wrongful Dismissal Settlement Can Cost You
BY NITIN PARDAL, LAWYER, WISE LAW OFFICE A cautionary tale for employees – an employer can and very likely will sue you, if you breach the confidentiality clause of an…
Heckling the Home Team: Off-Duty Conduct and Dismissal for Cause
BY NITIN PARDAL, LAWYER, WISE LAW OFFICE Can you be fired for booing the home team? As this Toronto Star article points out, it might not be out of the…
Mitigation – A Dismissed Employee’s Continuing Obligation
BY NITIN PARDAL, LAWYER, WISE LAW OFFICEIt is a well founded principle in the law of contracts that once a breach occurs, a plaintiff has an obligation to minimize their…
(Part 1) Jones v. Tsige – Revisiting the Tort of Invasion of Privacy
A year and a half ago, Ontario’s highest court took the “incremental step” of recognizing the tort of invasion of privacy in the seminal decision of Jones v. Tsige. In…
Restrictive Covenants – Unbreakable Shackle or Unenforceable Nuisance?
The start of one’s employment relationship is akin to the honeymoon period of a marriage. However, when things go sour, the resulting “divorce” can become acrimonious. For employees, the dissolution…
Punitive Damages in Ontario Employment Law – Pate Estate v. Galway-Cavendish and Harvey (Township)
American courtroom dramas and John Grisham novels tend to skew Canadian views on what punitive damages are and how they are awarded. The Ontario Court of Appeal’s November 2013 decision…
Supreme Court of Canada Rules on Pension Income and Damages in Wrongful Dismissal
The Supreme Court of Canada’s recent ruling in IBM Canada Ltd. v. Waterman provides a great deal of clarity on the issue of collateral benefits such as pensions in a…
Dispelling Unjustified Fears – The Record of Employment (ROE)
The end of an employment relationship is rarely a pleasant experience for anyone involved. Particularly for a dismissed employee, heightened emotions and confusion can lead to genuine anxiety and stress.…
Inducement in the Age of Social Networking
Canadian courts have routinely emphasized that the determination of reasonable notice entitlements is an art rather than a science. One factor that plays an important role in assessing the quantum…