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Short Service Executive Awarded Lengthy Notice Period by Ontario Court of Appeal

Posted On: January, 21 2015
A decision recently released by the Court of Appeal for Ontario on February 16, 2011 has clarified a number of important issues in employment law. You can read the full text of the decision here: Love v. Acuity Investment Management Inc., 2011 ONCA 130. more »

Don’t Take “No” for an Answer: Tips for an Effective LTD/STD Benefit Claim

Posted On: January, 20 2015
Short Term (STD) or Long Term disability (LTD) benefits provide income replacement benefits to workers who become temporarily or permanently disabled. more »

Employer’s Unilateral Cost Cutting Measures Amount to Constructive Dismissal: Ontario Superior Court of Justice

Posted On: January, 20 2015
Lorenzo Russo had worked for his employer, Kerr Bros. Ltd., for 37 years, making over $100,000 per annum, when his company decided to introduce cost cutting measures in 2009. more »

Canadian Human Rights Tribunal Reinstates Air Canada Pilots Forced to Retire at Age 60

Posted On: January, 20 2015
In a recent decision released November 8, 2010, the Canadian Human Rights Tribunal (“CHRT”) reinstated two Air Canada pilots initially forced into early retirement, and ordered that they receive compensation for lost income arising from their forced retirement. more »

New Ontario Law Requires Workers to Bring Employment Standards Complaints to Employer before Going to the Ministry of Labour

Posted On: January, 20 2015
The Open for Business Act is a new law recently passed in Ontario that makes a number of changes to the way that the Employment Standards Act is enforced. more »

Notice Periods and Stocks – Recent Decision Turns a $1 Stock Buy-Back into a $3.2M Wrongful Dismissal Award

Posted On: January, 20 2015
In most wrongful dismissal cases the plaintiff’s damages are calculated based on several factors, including the plaintiff’s age, position, years of service, and salary. But what happens when part of an employee’s compensation also consists of stock in the company or stock options? This important issue was recently considered by the Ontario Court of Appeal. more »

Long-Term Employment Contracts – How Long Is too Long

Posted On: January, 20 2015
There has been a lot of recent controversy in the NHL over teams that are trying to sign franchise players to extremely long-term contracts in order to avoid breaching the salary cap. NHL locks horns on Kovalchuk deal – Globe and Mail. The idea behind the long-term contract is that the compensation under the deal is front-loaded, but the overall compensation is averaged over the life of the contract in order to bring the team under the salary cap in the short-term. The New Jersey devils recently raised the ire of the NHL by trying to sign Russian left-winger Ilya Kovalchuk to a record-breaking 17-year, $102-million deal. The league objected to this, and Kovalchuk and the Devils went back to the negotiating table and worked out a new contract for 15 years worth $100 million. more »

Don’t Delay in Making a Human Rights Application – One-Year Limitation

Posted On: January, 20 2015
The Human Rights Tribunal of Ontario has recently decided a number of cases where people have come forward with a human rights claim after the one-year limitation period established for such claims in the Human Rights Code. Unlike civil lawsuits in the courts where plaintiffs generally have 2-years to make their claim, in Ontario’s human rights system applicants generally have only 1-year to make their claim. more »

Denying Disability Benefits to Alcoholics and Drug Addicts Is Discriminatory, Says Ontario’s Top Court

Posted On: January, 19 2015
In a unanimous ruling in September 2010, the Court of Appeal for Ontario has held that denying disability benefits to those who are severely disabled by alcoholism or drug addiction is discriminatory: Director (Ontario Disability Support Program) v. Tranchemontagne, 2010 ONCA 593. more »

Strategic Pre-mediation Advocacy: Maximizing Client Satisfaction

Posted On: November, 27 2014
The primary strategy in dealing with wrongful dismissal files in the early stages involves making judgment calls about which key issues will make a significant difference to a satisfactory settlement or litigation result in the case. While that may be… more »

Client Wins Large Settlement from Disability Insurer

Posted On: November, 25 2014
Our client underwent brain surgery to remove a tumor and required the use of her employer’s group plan long-term disability insurance benefits to recover.  After a failed attempt to return to work, the insurer denied her claim for long-term disability… more »

Welcome Morgan Sim as our new Associate Lawyer

Posted On: October, 29 2014
Pinto Wray James LLP is very pleased to announce that Morgan Sim has joined the firm as an Associate Lawyer. Morgan practices in the areas of civil litigation, workplace law, and administrative and regulatory law. Prior to joining Pinto Wray James LLP,… more »

Remedies and Damages Available in Long Term Disability Litigation

Posted On: October, 29 2014
This paper will provide an overview of the common features of Long Term Disability (“LTD”) insurance contracts, and will provide a primer on the remedies and damages available in LTD litigation. Finally, we will offer practical tips on managing LTD… more »

Under the Microscope: Judicial Review of Human Rights Decisions

Posted On: October, 29 2014
In 2008, legislative amendments to the Ontario Human Rights Code (“Code”) removed the right of parties to appeal decisions of the Human Rights Tribunal of Ontario (“HRTO” or “Tribunal”) to the courts. With the removal of appeal rights, decisions of the… more »

Remedies Available to Employees and Timeliness of Complaints under Bill 168

Posted On: October, 29 2014
As a result of Bill 168, the Occupational Health and Safety Act, (the “OHSA” or “Act”) now imposes obligations on employers to maintain policies and programs with respect to preventing both workplace violence and harassment. While the requirement to… more »

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