Have you been injured while taking an airplane? The airline company may be liable for damages. International law dictates that, depending on where the airplane was at the time of your injury, a different test applies to establish liability. If you were on a domestic flight, negligence must be established under common law principles. Essentially,…
Door-to-door scams have been on the rise in Ontario, according to data from the Canada Anti-Fraud Agency and the FSRA. These occur where a representative, generally from an unknown company, attends an individual’s home unsolicited. These representatives target vulnerable populations and compel them to sign agreements that are highly one-sided, but are falsely held out…
Wrongful dismissal occurs where an employee is terminated without just cause, and without reasonable notice. An entitlement to reasonable notice is implied in all contracts of employment. If an employee was wrongfully terminated, they may have claim for the amount of reasonable notice. This is assessed based on the following factors: the character of their…
Ontario riders or passengers on public transportation are often mislead to believe that compensation for injuries sustained by riding a public transit vehicle such as TTC is limited to there being a collision. As of 2011, the “no crash, no cash” rule comes from section 268(1.1) of the Insurance Act which prevents injured passengers from…
In a recent blog post[1] shared on Shopify’s website by its CEO, Tobias Lütke, Shopify announced that it would be laying off 10% of its workforce by the end of the day. Those affected will get “16 weeks of severance pay, plus an additional week for every year of tenure at Shopify”. Layoff is illegal…
Some people experience COVID-19 symptoms long after the average time period. It has been reported that some continue to experience symptoms more than 12 weeks after getting COVID-19. This is called “long COVID” or “COVID Long haulers”. It refers to the longer-term effects some people experience after their initial infection. For adults, these symptoms can…
If you purchased a home and later found an issue that was intentionally hidden from you by the seller, you could receive compensation for that misrepresentation. The general rule is “buyer beware” in that a seller has no obligation to disclose a patent defect, meaning a defect that is discoverable upon a reasonable inspection. However,…
What are my options if I was attacked by a dog? Were you bitten by a dog and sustained injuries? In Ontario, if a dog bites or attacks you, the dog’s owner is responsible for any harm or injury resulting from the attack. The Dog Owners’ Liability Act imposes strict liability on the owners of…
In the employment context, the duty to mitigate is a duty on the employee to take reasonable efforts to secure comparable alternative employment after termination. A wronged employee is entitled to recover damages for the losses she/he has suffered but the extent of those losses may depend upon whether they have taken reasonable steps to…
If you default on your mortgage, the lender acquires certain rights in order to help them recover the money they loaned you. Subject to certain requirements, a lender has the right to sell your property, through power of sale proceedings. A lender can also foreclose on your property. However, in some circumstances, you can take…