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Wrongful Dismissal

Date: 06 Mar, 2014

Your termination of employment may be justified if the employee’s behaviour includes verbal threats of violence or physical misdeeds. In June 2010, the Ontario government changed Ontario’s Occupational Health and Safety Act. These amendments, which are described as Bill 168, place upon the employer a positive duty to deal with workplace violence and harassment. In […]

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Summary Judgment Motions in civil matters

Date: 06 Mar, 2014

The government and the courts have been striving with limited success to reduce legal fees and to shorten the court process. There has been available for a long time, the ability of a litigant to bring a motion for summary judgment. It gives any party to a civil litigation action, the opportunity to ask the […]

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THE NEW TORT OF INVASION FOR PRIVACY

Date: 06 Mar, 2014

The Ontario Court of Appeal in 2012 in the case of Jones v Tsige, has created a new cause of action or a basis for suing someone. The exotic title of this is called intrusion upon seclusion. The technical components of this new basis for suing someone civilly is: [list type=”decimal”] An intentional or reckless […]

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IN A DIVORCE CAN CHILDREN TESTIFY IN COURT?

Date: 06 Mar, 2014

There is no legal prohibition, rather only a strong judge made tradition that children do not give evidence at trials, motions or even case conferences. This trend has strongly existed for the last twenty years, however, when I first began practicing in the stone age, it was not that rare. A judge would bring the […]

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Compensatory Support

Date: 06 Mar, 2014

Compensatory spousal support refers to the remedy for a party in a longer-term marriage who sacrificed opportunities, such as career advancement or furthering education, in order to care for the family. Objectives of compensatory support pursuant to Section 15.2(6) of the Divorce Act: [list type=”lower-alpha”] Recognize any economic advantages or disadvantages to the spouses arising […]

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