This Week at the Ontario Court of Appeal: 11-10-07
Each week, Wise Law Blog reviews recent decisions from the Ontario Court of Appeal. This week, commercial disputes were a theme, including a case that considered the age-old question, "who…
Robert Tanha
This Week At The Ontario Court of Appeal: 11-09-27
Each week, Wise Law Blog reviews recent decisions from the Ontario Court of Appeal. Commencing this week, Alim Ramji, a student-at-law with Wise Law Office, takes over the Court of…
Ontario Court of Appeal: McNamee v McNamee, 2011 ONCA
McNamee v McNamee - an interesting analysis of "gifts" that may be excluded from calculation of net family property under s. 4(2) of the Family Law Act.FactsClayton McNamee, appellant, and…
Ontario Employment Law: Reasonable Notice And The Duty to Mitigate
When an employee is wrongfully dismissed by his or her employer, this means that he or she is entitled to pay in lieu of reasonable notice at common law. Where…
Ontario Court of Appeal: No Hard Cap on Notice Entitlement of Non-Managerial or Unskilled Employees
In Di Tomaso v. Crown Metal Packaging Canada LP, 2011 ONCA 469, a decision of the Ontario Court of Appeal released June 22, 2011, the appellant, Crown Metal Packaging ("CMP")…
Ontario Employment Law: Determining The Appropriate Period Of Reasonable Notice
In Harvey v. Shoeless Joe's Limited, a May 26, 2011 summary judgment ruling of Stinson J. of the Ontario Superior Court of Justice, the Court deals with the two of…
Schreyer v. Schreyer: Canada’s Divorce-Bankruptcy Loophole
In a unanimous decision in Schreyer v. Schreyer, released Thursday, June 14, 2011, the Supreme Court of Canada ruled that that a bankrupt Manitoba man is not required to pay…
Ontario Employment Law: Exemptions From The Overtime Provisions Of The Ontario Employment Standards Act
As a general rule, if an employee in Ontario works more than 44 hours per week, he or she is entitled to be paid one and one-half times his or…
Ontario Human Rights Tribunal Digest – May 1 – May 30, 2011
Each month, Wise Law Blog reviews important decisions from the Ontario Human Rights Tribunal.SUBSTANTIVE RULINGSHeather Knibbs v. Brant Artillery Gunners Club In. et al. and Stephanie Long v. Brant Artillery…
Ontario Employment Law: Disability and Frustration of An Employment Contract
Frustration of an employment contract occurs when, through no fault of either party, an event occurs that makes the contract impossible to perform. Under Ontario law, where an employee is…
Ontario Employment Law: Reprisal For Asserting Rights Pursuant To An Employment Contract Amounts To Wrongful Dismissal
In Brown v. 1714717 Ontario Inc., decided April 26, 2011, the Ontario Labour Relations Board found that an employer had wrongfully terminated the applicant employee when it dismissed her without…
Ontario Human Rights Tribunal Digest – April 1-30, 2011
Each week, Wise Law Blog reviews important decisions from the Ontario Human Rights Tribunal.SUBSTANTIVE RULINGSKerry Pinkney v. Datex Billing ServicesIn this case, the applicant alleged discrimination on the basis of…