A Team Approach to Services
When employee clients approach us for assistance, they bring a variety of questions and concerns. It can be comforting for them to know that there are resources and options available in addition to legal proceedings. Especially in the employment and human rights field, we find that our employee clients can often benefit from a team […]
Changes to the Estate Administration Tax Regime
Though the rate of Ontario Estate Administration Tax (“EAT”) has not changed, the Government of Ontario recently amended this tax regime and the changes could mean a higher tax bill for Ontario estates. Challenge # 1: Inclusion of some forms of jointly-held property in value of estate When a joint tenant dies, all property (real […]
Change in Pre-Judgment Interest Determined to be Retroactive
We blogged about the change in the pre-judgment interest rate last month. As of January 1, 2015, the Insurance Act was amended to provide that the 5% pre-judgment rate set out in the Rules of Civil Procedure does not apply in motor vehicle accident cases. As a result, pre-judgment interest on general or non-pecuniary damages […]
Case Management Program Offered in Ottawa for Family Law Matters
While separating is usually riddled with conflict, there are some cases in family court that are particularly more adversarial than others. This conflict is challenging to manage and without appropriate resources, may have a lasting impact on children if they are exposed to the conflict. This is particularly true when there are one or more […]
Workplace Investigations – Best Used in Moderation?
In creating workplace policies, employers may specify that complaints brought forth by an employee will trigger an investigation. The intention is likely to ensure fairness and due process. Investigations can play a valuable role, especially in the human rights context , where allegations are serious, or where an employer is considering a dismissal for cause. […]
Change in Pre-Judgment Interest Rate
There has been a change in the interest rate that applies to non-pecuniary damages (general damages or damages for pain and suffering and loss of enjoyment of life and damages under the Family Law Act) as of January 1, 2015. This rate was reduced by the Province of Ontario from 5% to 1.3% no doubt […]
Vehicle Ownership – Liability is based on possession of vehicle
Car owners are liable under the Highway Traffic Act for the negligent operation of their vehicles by others. This liability is based on possession of the vehicle. In a recent Ontario case (Fernandes v. Araujo), the owner of an all-terrain vehicle was found liable for the negligent operation of that vehicle on a highway even […]
Insurers – Bad Faith Negotiating
Many people don’t know this, but insurers are required by law to attempt to settle a motor vehicle accident claim as quickly as possible. If they drag their feet, play hardball, negotiate in bad faith or refuse to consider reasonable settlement offers then this behavior will be considered by the court when it comes time […]
Suspending an Employee Indefinitely Without Pay May Amount to Constructive Dismissal
The Supreme Court of Canada released its decision today in Potter v. New Brunswick Legal Aid Services Commission overturning both the Trial Court and Court of Appeal decisions that David Potter had voluntarily resigned from his position. The fact that two lower courts concluded that Mr. Potter had resigned while the Supreme Court of Canada […]