As it is usually seen there are many misconceptions when it comes to the Small Claims Court litigation. Among others, the understanding that the Claim shall go through some stages. It is normally expected that after the filing with the Court the Plaintiff’s claim shall be served on Defendant and then, if a Defence is filed, parties should expect a Settlement Conference. While this is true to the vast majority of cases, there are some exceptions. We are at SAV Paralegal Services using these options as a real “money saving tool” for our clients. Instead of spending time, money, and efforts on tr ..read more

There are several misconceptions that exist when it comes to the Small Claims Court litigation, as this court is not that small how it looks. It has a monetary jurisdiction to consider and to resolve matters pertaining to the property recovery or payment of no more than $35,000. Court also has a limit on the amount of legal costs that might be awarded. All these considerations together left no space for hiring lawyers and most people prefer to start litigation on their own.  In most cases, participants believe that their case is clear-cut, and the trial will be a formality they need to g ..read more

Introduction ESA Notice Period vs Reasonable Notice Period What is a Common Law Reasonable Notice Waiver? Does a Waiver Exist? ESA Minimum Notice Period & For Cause Dismissal Probationary Employees ESA Benefits Continuance ESA Severance Saving Provisions Protecting Your Interests Introduction Job terminations can be devastating and can have significant impact to a person’s financial and personal wellbeing. This is one of the reasons that employers are generally required to provide a notice period before termination to allow the employees to have time to prepare and find alternative employ ..read more

IS VACCINATION MANDATORY FOR THE PUBLIC? IS VACCINATION MANDATORY FOR THE BUSINESSES? - MANDATORY POLICY FOR THE EMPLOYEES. WHAT DOES IT ACTUALLY MEAN? - MANDATORY VACCINATION CHECK FOR CLIENTS AND VISITORS? There is NO mandatory vaccination requirement for the public in Ontario. All vaccines, as well as other medical treatments, are subject to informed consent obtained by the vaccination facility before taking a vaccine. Without your informed consent they have no right to give a shot. Section 10 of the Health Care Consent Act, 1996, S.O. 1996, c. 2 (Act), reads as follow: (1) A health practi ..read more

The battle between two legal systems in Ontario exploded with a new force. It is a well-known fact that there are two different sources of employment law: common law and statutes. Sometimes they have identical rules that allow for uniformity in understanding of legal rights, but sometimes they are conflicting and that is what makes trouble for lawyers, judges, and the public in general. While lay-off under Employment Standards Act, in general, is allowed, under the common law the same lay-off is treated as a breach of the employment contract and a constructive dismissal. The difference is that ..read more

Discrimination based on the family status, childcare obligations. Child obligations have a significant impact on employment relationships and have become an issue recently due to the spread of COVID-19. It is specifically the case for those who are required to continue their work out of their home. They should manage and supervise their kids even though the schools are closed, and social gatherings prohibited. What to do when your employment obligations conflict with your childcare obligations? What your entitlements are if you have been terminated because you choose to do childcare by yoursel ..read more

The recent hike in terminations and layoffs due to COVID-19 demands a clear and precise answer to questions related to unpaid wages and their collection. The question of personal liability of those involved in the managing of the business is of central importance. Can an employee claim their wages from Director? Whether a shareholder is liable for wages? How to proceed where there are doubts that Company can pay the amount owed? Part XX of the Employment Standards Act, SO 2000 addresses these questions. Section 79 of the Act defines that Director means a director of a corporation and includes ..read more

Covid-19 pandemic reflected on all areas of our life. As an employment paralegal, I am currently getting increasing numbers of calls from ,my customers who asked for clarification on how they should behave with regards to vaccination. Whether the vaccination is mandatory and what they should do to keep everyone safe. As a general rule, the employer can not require an employee to undergo medical treatment as a condition for a continuation of the employment. Any such demand would be considered illegal. In some limited circumstances, the employer can demand an employee to undergo medical observat ..read more

As an Employment Paralegal, one of the most common issues I face is confusion from clients over whether they are (or a particular worker is) an “employee,” or “independent contractor.” It is important to understand how workers are classified, and what that means for them in terms of pay rate, benefits, and legal protections upon termination. At SAV Paralegal Services, we can help you to navigate this complex question and which one of these applies to you. Employers must be diligent in properly classifying their workers. Why is it important? The entitlements to a reasonable notice depend on thi ..read more

An employer in Ontario is permitted by law to terminate an employee without cause from their job for various reasons, but only if they provide notice of termination ahead of time or payment in lieu of notice often referred to as severance pay or termination pay. A wrongful dismissal in Ontario occurs when an employer terminates an employee without providing them advanced notice of termination or appropriate severance pay in lieu of notice. Employers often provide a terminated employee with minimum severance pay as required by the Employment Standards Act, 2000, but ignore the fact that common ..read more