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Antunes v Limen Structures Ltd, 2015 ONSC 2163: Employers beware, honesty is the best policy when making offers of employment.

Posted On: December, 28 2015
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. This decision makes clear that the… more »
 

Caution! Put all Necessary Evidence before an Administrative Decision Maker

Posted On: December, 23 2015
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. more »
 

Can you resign during a working notice period and still get severance pay?

Posted On: December, 14 2015
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?  Must… more »
 

Access Denied: Limits on Employers’ Rights to their Employees’ Medical Information

Posted On: December, 07 2015
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. The… more »
 

Recent Developments in the Law of Workplace Accommodation

Posted On: November, 23 2015
Few areas of employment law cause as much confusion as the duty to accommodate persons with disabilities in the workplace. Under the Ontario Human Rights Code ("Code"), every person has a right to equal treatment with respect to employment without discrimination because of disability. more »
 

Defamation in the internet age means you can sue in Ontario for statements made abroad

Posted On: September, 29 2015
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… more »
 

Andrew Pinto to Speak at the Law Society of Upper Canada’s Employment Law Summit on October 29, 2015 on the Duty to Accommodate

Posted On: September, 26 2015
Andrew Pinto has once again been invited by organizers of the Law Society of Upper Canada’s 2015 Employment Law Summit to speak on the topic of the Duty to Accommodate in Canadian law. Andrew is one of Canada’s leading experts in the areas of… more »
 

Preparing your Business for the Ontario Retirement Pension Plan

Posted On: September, 17 2015
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… more »
 

Legally Compelled to Buy: Specific performance in Contracts for the Sale of Property

Posted On: September, 16 2015
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… more »
 

DEPENDENT CONTRACTORS VS INDEPENDENT CONTRACTORS

Posted On: August, 12 2015
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… more »
 

When Does the Duty to Accommodate Survive Dismissal

Posted On: July, 17 2015
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… more »
 

JONAS GRANOFSKY JOINS THE PINTO WRAY JAMES LLP TEAM AS AN ASSOCIATE

Posted On: July, 14 2015
Pinto Wray James LLP welcomes and congratulates Jonas Granofsky on becoming an Associate with our firm. Prior to becoming an Associate, Jonas was a Student-at-Law with Pinto Wray James LLP. Prior to joining our firm, Jonas studied law at New York Law… more »
 

Patrick James appointed Chair of Editorial Board of the Ontario Bar Association’s Magazine

Posted On: July, 14 2015
Pinto Wray James LLP is pleased to announce that Patrick James will serve as Chair of the Just. Magazine Editorial Board effective July 1, 2015. Just. is the official magazine of the Ontario Bar Association, shedding light on industry developments and… more »
 

OFF THE CLOCK OR NOT? TERMINATION AND OFF-DUTY CONDUCT

Posted On: June, 18 2015
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… more »
 

ORDINARY VS KEY EMPLOYEES

Posted On: June, 08 2015
Distinguishing at law between an ordinary employee and a key employee who owes an employer fiduciary dutiescan be challenging at the best of times. In his decision in Optilinx Systems Inc v Fiberco Solutions Inc, 2014 ONSC 6944 Justice Perrell provided… more »
 

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