Nissan Class Action Suit Update

On October 23, 2019, the Ontario Superior Court of Justice Certified this Action as a Class Action. A Notice Plan with details of the Notice of Certification was approved by the Court on December 10, 2021. Full details about the Action, the rights and options of class members, the lawyers representing you, the steps in…

Can My Employer Fire Me if I Refuse to Get Vaccinated?

The Courts of Ontario have yet to provide a definite answer to this question.  However, there are viable legal arguments that support that an employer who terminates an employee, solely for their vaccine status, may not be able to do so “with cause” and consequently avoid providing statutory and common law reasonable notice of termination.…

What is constructive dismissal?

Constructive dismissal occurs when an employer unilaterally makes a significant change to a fundamental condition of an employee’s employment. Even though the employer does not expressly terminate the employee, the employee is entitled to treat their employment as terminated. The departure of the employee will be considered a termination, rather than a resignation. An employee…

Reasonable Notice Periods in Light of COVID-19

Two recent court cases have discussed the implications of COVID-19 on reasonable notice periods for employees that are terminated without cause.   In Snider v Reotech Construction Ltd. (2021) the Court found that the employee was entitled to an extended reasonable notice period due to the pandemic. The employee in the case was terminated without…

Incapacity and Canada Pension Plan Disability Benefit Applications: Clarification from the Federal Court of Appeal

In a recent Federal Court of Appeal decision, Blue v Canada (Attorney General), 2021, the Court clarified when a person is incapable of applying for Canada Pension Plan Disability benefits. The Claimant, Cate Blue, suffered from several psychological conditions that prevented her from working. In May 2016, Ms. Blue applied for Canada Pension Plan Disability…

Mortgage Default and Enforcement

Mortgage default occurs when a borrower breaches one or more terms of their mortgage agreement. For example, default occurs where a borrower fails to make a stipulated mortgage payment. When a borrower defaults, a lender has a right to certain enforcement mechanisms to facilitate their recovery of the amount of money they loaned, as well…

I have a mental health illness, such as anxiety, and cannot work. Can I receive Long Term Disability benefits from my insurance company?

If you have a mental health illness, such as anxiety, depression, or PTSD, that prevents you from doing your job, you may be entitled to Long Term Disability (LTD) benefits. LTD benefits provide replacement income if you become disabled and can no longer work. It typically replaces between 60 to 85% of your pre-disability income.…

Di Trapani v. 9706151 Canada Ltd

The plaintiff brought a court proceeding register a certificate of pending litigation (“CPL”) against a Property. The Property was transferred by the defendant 9706151 Canada Ltd.  to the defendant 2691333 Ontario Inc.  The principals of those corporations are the defendants, Roy Francis D’Mello and Anthony Forgione. Among other relief, in her Statement of Claim, the…