The plaintiff, a member of the Highwood Congregation of Jehovah’s Witnesses, was expelled from the Congregation by a Judicial Committee after he engaged in behavior the congregation deemed sinful, and was perceived to be insufficiently repentant. The Plaintiff brought an Application for Judicial Review of the Congregation’s decision alleging that the decision was procedurally unfair…
When a family member passes away, the surviving spouse and/or children often contest the provisions of the Will. Disputing the contents of a Will can be a challenging task since the courts tend to respect and uphold the wishes of the Testator as expressed in the Will. Accordingly, if you want to successfully challenge a…
The Plaintiffs were five former members of the Defendant congregation who were expelled from their congregation. The Plaintiff’s brought an action against the Defendants, the Church and members of the senior leadership, seeking to nullify their expulsion. The Defendants brought a motion for summary judgment which was granted as the motion judge found since there…
A fixed-term contract is an employment agreement with a pre-determined end date. The law requires that the terms and conditions of a fixed-term contract be clearly and explicitly expressed in the contractual language used by the parties. Generally, a fixed-term contract ends once the stipulated time period is met. If an employer terminates a fixed-term…
In Ontario, constructive dismissal refers to a scenario in which an employee considers himself dismissed from their employment because their employer has made fundamental changes to their employment contract. For example, a significant decrease in pay, or a demotion may constitute constructive dismissal. Where constructive dismissal has occurred, an employee can consider the employment contract…
Common irregularities, errors, or illegal clauses in mortgage agreements in Ontario can provide homeowners with potential grounds for challenging the legality of the mortgage or the foreclosure process. It’s important to note that not all mortgage agreements contain these issues, and legal advice is essential to determine whether any irregularities or violations exist. Here are…
Even if you take all the necessary precautions, riding a bicycle carries a risk, often as a result of factors outside of your control. Bicycle accidents may occur as a result of a collision with a car, pedestrian or another cyclist; a car “dooring” you (i.e. opening their door and striking you while cycling by);…
Discrimination in the workplace is all-too common, both from the employer and fellow employees. In fact, three-quarters of human rights claims are related to discrimination in the workplace. Discrimination has many faces, from failing to assess someone’s abilities and merits, to stereotyping, excluding and specifically targeting. Discrimination can be both intentional and non-intentional, but either…
If you work for more than 44 hours a week, you may be entitled to overtime pay. If you are terminated from an employment position, you may be able to receive compensation for hours worked above your regular work schedule, as it is money you have earned through your work. Overtime pay is calculated based…
The employee vs. independent contractor classification is an ongoing issue that underlies employment law disputes. This is because employees are afforded greater protections by law under the Employment Standards Act, including reasonable notice or pay in lieu of notice upon termination. Independent contractors are not entitled to the same rights, unless these terms were specifically…