How Will Courts Handle Wrongful Dismissal in Light of COVID-19?

Wrongful dismissal claims are based on an implied term that an employer must provide “reasonable notice” to a terminated employee in the absence of just cause. The law uses a fiction of pretending that each party asked themselves the question of “what would be fair if the employer terminated without cause?” upon the commencement of […]

Read More

An Update on Small Claims Court

In a recent post, we reviewed the merits of suing an employer in Small Claims Court. The good news is that the monetary cap of Small Claims Court is set to increase from the present level of $25,000 to $35,000 as of January 1, 2020. If you are considering bringing an employment action in Small […]

Read More

Bringing an Employment Claim in Small Claims Court

Court System Generally Ontario’s legal system allows for cases to be started in Superior Court at different levels of complexity depending on the amount claimed by the plaintiff. Superior Court cases allow for a process known as “Simplified Rules” for claims up to $100,000. These cases have limits on the time spent for discovery and […]

Read More

Human Rights Violations – Sue or Use Human Rights Tribunal?

Ontario’s law is unique in that it allows a person who has been terminated due to actions which may be in violation of the Ontario Human Rights Code to sue civilly or file a human rights complaint with the Human Rights Tribunal. (“HRT”) For example, a person fired due to age or gender or if  […]

Read More