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Surprise, surprise, surprise!

Surprise, surprise, surprise!

In a very surprising turn of events, the long awaited judicial review of MVAC v. Barnes, P16-00087 FSCO was dismissed as moot when it was revealed that the outcome of the judicial review would have no effect on either of the parties appearing...

Playing With Fire – Constructive Dismissal and Mitigation

Playing With Fire – Constructive Dismissal and Mitigation

In what can only be described as a Pyrrhic victory, a recent Ontario Superior Court summary judgment decision highlights the employment risks present in temporary lay-offs during a business downtown. This decision is a strong reminder that lay-offs are not an automatic contractual right and can trigger a constructive dismissal claim. This decision also confirms that employees must take offers of re-employment seriously when alleging constructive dismissal.

Sign Here, or Your Child will Hate You

When is a House a Household?

What does “living in the same household” mean? In Ferro v. Weiner, the late Enid Weiner owned a house on Lake Eugenia. From the late 1980s or early 1990s, it was Enid’s sole residence, before she moved to a nursing home in 2008 or 2009. Although...

Say it if you mean it

Say it if you mean it

UPDATE: This decision has since been overturned on appeal. Mr. Demetriou claimed he was robbed of a $550,000.00 ring (a family heirloom) that he was wearing on a gold chain around his neck while walking alone on a beach in Punta Cana. He had added...

Mann v Jeffersen: No Objective Injury? You Better be Credible!

It was Obvious!

This case involves an accident at QK Fitness (“QK”) when the plaintiff, Fatemeh Hosseinkhani (the “plaintiff”),  tripped and fell on a dumbbell during a gym class.   She sued QK for negligence.  QK successfully brought a motion for summary judgment...

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