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Solving Problems Differently

Welcome to Pinto Wray James LLP, one of Toronto's most innovative law firms offering superior advice and representation to clients involved in legal disputes. Our goal is to generate the best outcome in the most cost-effective and timely manner possible.


Litigation is at the heart of our practice. We have comprehensive civil litigation experience representing businesses, federal, provincial and municipal governments, post-secondary institutions, professional associations, and individuals in a wide variety of matters.

Workplace Law

Our team of experienced employment and labour lawyers provide advice and litigation support regarding all issues arising in the workplace.

Administrative & Regulatory Law

Our firm has a diverse and comprehensive administrative and regulatory law practice and our lawyers remain at the cutting edge of developments in these complex areas.

Recent Blogs

The Contractual Requirement of “Active Service” Does Not Alter or Remove An Employee’s Right to Compensation for Bonus Payments During The Reasonable Notice Period.

The Ontario Court of Appeal recently confirmed that the contractual requirement for employees to be “actively employed” to receive their regular bonus payments or other employment benefits is not enough to displace an employee’s right to common law damages for breach of contract in wrongful termination cases. [...]
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Further Update: Wilson v Atomic Energy - Unjust Dismissal Under the Canada Labour Code

Last year, we blogged about the Federal Court of Appeal’s decision in Wilson v Atomic Energy here, and specifically its determination that a dismissal without cause under the Canada Labour Code (“Code”) was not an unjust dismissal pursuant to sections 240 to 246 of the Code. In July 2016, the Supreme Court weighed in (2016 SCC 29), reversing the Federal Court of Appeal in a landmark decision. [...]
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Potential Future Violation of the Employment Standards Act Void an Entire Termination Provision

There has been a debate over the past years regarding the legality of a termination provision in an employment contract which is compliant with the Employment Standards Act, 2000, [ESA] at the time of termination but which has the potential to violate the law in the future. In a recent case, Garreton v Complete Innovations Inc., 2016 ONSC 1178 (CanLII), the Court found that a termination provision in an employment contract was unenforceable if it would eventually lead to a breach of the ESA in the future. [...]
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Employers Beware: Asserting Cause for Termination When None Exists May Result in Longer Notice Periods

In August, Justice Belobaba handed down his decision in Johar v. Best Buy Canada Ltd., 2016 ONSC 5287. []. This judgment serves as a stark reminder to employers: if you assert just cause for terminating an employee when no cause exists, you may ultimately end up on the hook for a longer notice period. [...]
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The Duty of Good Faith & Workplace Investigations: Joshi v National Bank of Canada

A recent decision of the Ontario Superior Court has indicated that employers may in breach of their contractual duty of good faith if they fail to provide employees with due process rights in workplace investigations. [...]
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While the standard of proof in criminal law is to establish facts beyond a reasonable doubt, civil courts and administrative tribunals generally require that claims be proven on a balance of probabilities. Thanks to a recent decision of the Ontario Court of Appeal, we now know that the standard of proof in police discipline hearings lies somewhere in between. [...]
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Antunes v Limen Structures Ltd, 2015 ONSC 2163: Employers beware, honesty is the best policy when making offers of employment.

The Ontario Superior Court’s recent decision in Antunes v Limen Structures Ltd is an important caution to employers who embellish the attributes of their company or a particular position when courting future employees. [...]
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Caution! Put all Necessary Evidence before an Administrative Decision Maker

A recent case of the Federal Court of Appeal, Bernard v Canada (Customs and Revenue Agency), 2015 FCA 263, is a cautionary tale on the importance of collecting all necessary evidence and putting it before an administrative decision maker in the first instance, and not before a Court on judicial review. [...]
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From time to time we meet with employees who have been given notice of termination by their employer and want to know what happens to their severance pay if they decide to resign during the working notice period. Are they still entitled to it? [...]
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The issue of an employer’s right to itsemployees’ medical information is a fiercely contested one in the Ontario workplace. Ontario law provides employees with a degree of security that their employment will be protected while on medical leave. [...]
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Defamation in the internet age means you can sue in Ontario for statements made abroad

In a recent decision released in August 2015, an Ontario Court held that a plaintiff could bring a defamation action in Ontario over allegedly defamatory statements made in a foreign based news publication which were posted online. The plaintiff is a Canadian billionaire owner of a soccer club [...]
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Preparing your Business for the Ontario Retirement Pension Plan

The Ontario Government has begun the roll-out of the Ontario Retirement Pension Plan (“Retirement Pension Plan”) which is intended to provide a predictable source of retirement income for Ontarians. The costs associated with the Retirement Pension Plan may come as a sudden shock to employers and [...]
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Legally Compelled to Buy: Specific performance in Contracts for the Sale of Property

Earlier this summer, the Supreme Court refused to grant leave to appeal from the Ontario Court of Appeal’s decision of InStorage Limited Partnership and InStorage Trustee Corp. v. Matthew Brady Self Storage Corporation. In refusing to grant leave, the Supreme Court implicitly approved the Court of Appeal’s holding that specific performance is an appropriate remedy for vendors of commercial properties when buyers back out of a deal. [...]
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Distinguishing at law between a dependent contractor and an independent contractor can be challenging at the best of times. This issue is important to businesses and organizations because like employees, dependent contractors are owed reasonable notice upon termination, while independent contractors are not. [...]
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When Does the Duty to Accommodate Survive Dismissal

In his decision in Khaper v. Air Canada, 2015 FCA 99, Justice Webb states the principle that the duty to accommodate does not survive the termination of employment if the employer legitimately had no knowledge of the employee’s disability at the time of termination. [...]
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The recent termination of a Hydro One employee following an incident at a Toronto FC soccer match earlier this month has been the subject of extensive public debate. The employee, Shawn Simoes, was part of a group of men who made obscene comments to a City TV reporter, Shauna Hunt. Following the video of this exchange going viral, Hydro One announced that it had terminated Mr. Simoes for a breach of their employee Code of Conduct. [...]
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5 Star Reviews

Rating: 5Lawyer Toronto - 5 Star Reviews
Pinto Wray James Reviewed by Mark C.

Their team is highly focused and incredibly professional - from our experience it would be difficult not to believe that Pinto Wray James LLP is one of Ontario's leading Firms in Labour and Employment law. The mindful client care and complete understanding of the case eased fears and the stress that comes with any legal dispute. Expect to find high-level smartly crafted legal solutions at Pinto Wray James LLP – could not recommend more.

Andrew Pinto was invited to co-chair the popular Annual Six Minute Employment Lawyer conference at the Law Society of Upper Canada.