Choosing the Wrong Court can have Cost Consequences
Rudner Law Blog
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16h ago
Choosing the proper forum is an important decision every time a lawsuit is commenced. Getting it wrong can cause you to lose out on a significant cost award if your claim is successful ..read more
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The Ballad of the “Probationary” Employee
Rudner Law Blog
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16h ago
Employers of all stripes make similar mistakes by assuming that because the ESA requires no notice for employees with less than three months of service, they are “probationary” employees and thus have no obligations towards them ..read more
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Ghosting in (Employment) Relationships
Rudner Law Blog
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1w ago
Whether you are an employer or an employee, you have rights and obligations at each stage of the relationship and you do not have to necessarily “tolerate” ghosting from the other side ..read more
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We Are Never Ever Getting Back Together… Unless? (The Rudner Law Version)
Rudner Law Blog
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3w ago
Constructive dismissals are like onions – they have many layers. Whether you are an employee or an employer, you should consult HR counsel ..read more
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Court Awards Damages for Employee’s “Inconvenience”
Rudner Law Blog
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3w ago
A further expansion to the concept of damages recently happened in Khanom v. Idealogic PDS Inc., where damages were rewarded for “inconvenience” resulting from the employer’s conduct ..read more
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Reminder: Saving Provisions Will Not Save an Unenforceable Termination Clause
Rudner Law Blog
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3w ago
In the recent decision, the Ontario Superior Court of Justice provided another reminder that saving provisions in an employment agreement will not save a termination provision which violates, or has the potential to violate, the requirements of the Employment Standards Act, 2000 ..read more
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Another Independent Medical Examination Ordered in the Context of a Wrongful Dismissal Case
Rudner Law Blog
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1M ago
There are circumstances in which a former employee’s physical or mental condition will be made directly relevant to the action based on the allegations in their wrongful dismissal claim ..read more
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Friends with your Ex(it package)
Rudner Law Blog
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2M ago
While dismissals are virtually never mutual, using an exit package allows the employer and the employee to part ways amicably and mutually ..read more
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We Are Never, Ever Getting Back Together… Unless?
Rudner Law Blog
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2M ago
In the context of the sale of a business, an employee’s duty to mitigate might require them to accept the same job with the purchaser, even though the vendor-employer technically triggered a termination ..read more
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Case Law Update: COVID-19 Vaccination Policies and Frustration of Contract
Rudner Law Blog
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2M ago
In a recent decision, the Ontario Court of Appeal upheld a 2023 decision of the Superior Court of Justice which found that an employment relationship had become frustrated as a result of an employee’s refusal to comply with a mandatory vaccination policy ..read more
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