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Recent Cases

These are some examples of recent cases.

Negotiations win long-term disability benefits for woman suffering from PTSD

Our client, who worked for an Ontario police department, was severely bullied by a manager and colleague to the point of developing Post-Traumatic Stress Disorder (“PTSD”).  While off on stress leave, our client applied for long-term disability benefits, but was denied. After retaining our firm, we entered into negotiations with the insurer that led to our client’s LTD benefits claim being swiftly approved. 

 

Woman diagnosed with breast cancer receives settlement following discriminatory termination

Our client worked for a large insurance company and was summarily dismissed in a discriminatory manner after advising her employer that she had breast cancer and would require time off for chemotherapy.  Soon after retaining our firm, we filed an Application to the Human Rights Tribunal of Ontario and were successful in obtaining a substantial settlement for our client prior to mediation.

 

Lakefront cottage property dispute resolved through negotiation

Our client, an estate trustee and beneficiary, found herself in an acrimonious dispute over ownership of a lakefront cottage.   Two of four beneficiaries were making low-ball offers to purchase the property from the remaining two beneficiaries.  These initial offers were well below Fair Market Value.  After obtaining a real estate appraisal for our client and threatening to bring an application to the Superior Court of Justice for the forced sale of the property pursuant to the Partition Act, the hold out beneficiaries came to the table.  We were able to bring the parties together, agree to a fair price, and resolve the dispute without resorting to litigation, thereby saving all parties significant legal costs.

 

Senior manager resumes work after forced medical leave due to workplace harassment

Our client was a senior manager with an Ontario municipality. She had been forced into a stress related medical leave due to verbal abuse and threats from her superior over a long period of time. Our client enjoyed her job and sought to resume her successful career without further abuse.  After being retained, we successfully persuaded the employer to conduct a workplace harassment investigation.  We also negotiated our client’s return to work with retroactive pay, on the condition that she would not be subjected to any further harassment or reprisals. 

 

Employer pays out large settlement after terminating employee on maternity leave

Our client, an employee at a large Canadian telecommunications company, went off work on an approved maternity leave. During her leave, she was informed by her employer that she was being terminated due to restructuring, when in fact her maternity leave replacement was hired to take over her job.  After filing a Canada Labour Code complaint for unjust dismissal, which included a claim for discrimination based on gender and family status, we obtained a large settlement for our client.

 

Termination of injured worker results in successful unjust dismissal claim

Our client was employed for eight years with an airline company and suffered a workplace injury.  The employer offered her a modified work assignment to accommodate her injury, which she accepted. Subsequently, the employer embarked on a campaign of harassment and discipline leading to her eventual termination for cause.  After filing a Canada Labour Code complaint for unjust dismissal, including damages for discrimination based on disability, we were successful in negotiating a substantial settlement for our client.

 

Housing co-op resident suffers harassment and sues successfully for defamation

Our client owned a unit in a Toronto house co-operative and was subjected to false and defamatory comments from members of the co-op Board.  The co-op Board eventually attempted to evict her.  After commencing a civil action claiming damages for defamation of character, we were able to successfully obtain a good settlement for our client.

 

Insurance company denies claim, blames victim, then capitulates and pays claim with costs

Our client’s vehicle was stolen.  Although his policy provided coverage for theft, the insurance company denied his claim and made baseless allegations that our client was involved in the theft. After commencing litigation against the insurance company, we were able to successfully negotiate a settlement whereby the insurance company would drop its defence and pay out the entirety of our client’s claim plus legal costs.

 

Person with a disability gets insurer to pay out full claim and legal costs

Our client was a person with a disability who could no longer work. He owned a truck that was insured with income protection insurance, such that he would be able to pay off his truck in the event of unemployment.  He came to us for help after the insurance company denied his claim.  Within weeks of commencing a civil action against the insurer, we negotiated full payment of the claim plus our client’s legal costs.

 

Beneficiaries receive compensation from estate trustee who depleted estate

Our clients, two sisters, were beneficiaries under an estate.  Their estranged brother was appointed estate trustee of the deceased mother’s estate.  Shortly after the mother’s death, the brother began depleting the estate assets and refused to relinquish possession of the mother’s home.  We commenced a civil proceeding against the estate trustee, and moved quickly to obtain a court order preventing the trustee from further depleting the estate assets.  Following this, we successfully negotiated the payout of our clients’ share of the estate and obtained damages from the trustee brother for our clients.

 

University faculty member fights discriminatory forced retirement and wins

Our client was a long-standing faculty member at a prominent Ontario university.  After reaching the age of 65, the institution attempted to force our client into retirement, contrary to the Ontario Human Rights Code and its protections against age discrimination. Through our persuasive advocacy, we were able to quickly convince the institution to reverse its discriminatory decision to force her retirement and to permit our client to continue her career unimpeded.

 

Homebuyer discovers hidden defects and obtains large settlement

Our client purchased a home in downtown Toronto only to later discover that the vendor had concealed significant latent defects in the home, including water and termite damage.  After commencing civil proceedings against the vendor, our firm secured a significant settlement from the defendants to cover the costs of repairing the home plus legal costs.

 

Employee successfully fights workplace harassment

Our client was an employee of a large pharmacy retailer who was transferred into a managerial role at a new store location.  Shortly thereafter, the owner of the new location initiated a campaign of harassment against our client, which included unwarranted criticism, verbal and emotional abuse, and personal attacks.  Our client was forced to take a leave of absence as a result and was eventually terminated while on medical leave. After commencing litigation against the owner and pharmacy retailer, we were able to successfully negotiate a substantial settlement for our client.

 

Retired worker receives substantial settlement following pension administration error

Our client, a retired worker, came to see us after being advised by his employer that the pension package he had selected a number of years ago contained significant errors.  The company told our client that as a result of its own internal error, his entire pension had been paid out after only five years into his retirement.  

Relying on our advanced legal research and negotiation techniques, we were able to secure a substantial settlement for our client within six months of being retained and without incurring the cost of commencing a lawsuit.

 

20-year employee receives substantial severance package following workplace harassment

Our client was a long-term employee with a modest income, who developed a stress-related medical condition under the supervision of an intimidating manager.  The company took the position that our client should return to work under the same manager, once her medical issues had resolved. 

We sued the employer for constructive dismissal and were able to secure a substantial settlement to compensate our client for the wrongful termination of her employment and the personal harassment she had experienced at work.       

 

Employee secures severance package despite employer allegation of cause

Our client’s employer terminated him for alleged performance issues, offering no notice or severance.  The employer also sought to rely on an employment contract that limited our client to Employment Standards Act minimums upon termination.  After commencing a court action, we secured a substantial severance package for our client.  We successfully established that the performance issues were unfounded and that the termination pay provisions of the contract were unenforceable.      

 

Employee receives damages for supervisor’s discriminatory conduct

Our client was a successful financial manager whose immediate supervisor routinely directed sexist, derogatory and other inappropriate comments towards her.  Despite repeated requests, the company refused to properly investigate her supervisor’s actions or prevent his discriminatory conduct.  Based on our knowledge of the law of human rights and workplace investigations, we were able to obtain a significant settlement for our client based on the company’s failure to act quickly and effectively to prevent the supervisor’s improper conduct.

 

Injunction Application Resolves Acrimonious Dispute between Family and School Board

A young family with two special-needs children came to us with an ongoing disability accommodation dispute with a large school board.  The children were removed from their local school by the Board’s decision.  As more time passed with the dispute in a stalemate the children were in danger of losing their school year.

After we brought an emergency injunction application on behalf of our clients we were able to negotiate a resolution with the school board that saw the children returned to their local school.

 

Injured Worker gets a Settlement from Employer who Fired Him for Alleged Misconduct

Our client was an injured worker who had been fired from his job for alleged misconduct after he had made a request for disability accommodation in the workplace.  His employer did not pay him any severance by relying on its allegation of misconduct.
We were able to secure a substantial settlement for our client through strong representation and through our detailed knowledge of the facts of his case.

 

Injured Worker Suspended Indefinitely – Receives Substantial Settlement on Discrimination Claim

Our client was an injured worker who did all the right things – she filed a WSIB claim, she cooperated with her doctors, with her employer, and with the WSIB, for the purposes of returning to work.  Although our client did the right things, her employer still suspended her indefinitely without pay, claiming that she could not be accommodated with her injuries.  The medical evidence showed that our client was able to return to work with easily implemented accommodations.

We disagreed with the employer’s position and pursued a human rights claim on behalf of our client.  Before the hearing, we were able to secure a substantial settlement for our client.

 

Homeowners Succeed in Stopping Neighbour from Overdeveloping Property

Our clients were homeowners who were surprised to learn of their neighbours’ plan to erect a large and unsightly structure in their rear yard.

We filed an appeal at the Ontario Municipal Board and were successful in preventing the neighbour’s proposed development on the grounds that it was not compatible with the zoning by-laws, and with the official plan.  We stopped the proposed development within 2 months of being retained.

 

Couple Successfully Sues Timeshare Scammers

Our clients were a couple who had been tricked into parting with their hard-earned money by an unscrupulous time-share operation.  We investigated the situation and put together a strong claim under the Consumer Protection Act.  Our clients were successful in getting a judgment against the scammers for the full value of their investment.

 

Young Man with Rare Genetic Disorder takes Government to Task and Succeeds in getting Disability Pension

Our client was a young man who suffered from a rare genetic disorder.  He was unable to work, yet the Government denied his application for a disability pension.  We took the Government to the Federal Court of Appeal on our client’s behalf.  On the eve of the hearing the Government agreed to place our client on a disability pension and to pay him retroactively.


Muslim Woman gets Substantial Settlement in Religious Discrimination Case

Our client was a Muslim woman who was suspended from work after complaining about racial and religious discrimination that she experienced.  Our client came to us on the eve of her hearing and unprepared for her hearing.

We were able to obtain a substantial settlement for her based on our knowledge of the human rights system, and based on our detailed knowledge of her case – knowledge that we gained in only a few days of intense preparation for the hearing.

 

Internet Entrepreneurs Successfully Defend Libel and Slander Suit

Our clients were internet entrepreneurs who had established a very popular social networking tool.  They became involved in a libel and slander suit based on comments and statements posted by users of their software. 

We successfully defended our clients based on our knowledge of the libel and slander laws in Ontario, a very specialized and unique area of liability.

 

Victim of Gender Discrimination and Reprisals Obtains Settlement from Employer

Our client was a victim of gender discrimination.  She worked in a male-dominated field and was harassed by her supervisor.  She made a human rights complaint which was resolved and then she returned to work.  But the workplace was never the same for her afterward.  She continued to be singled out and was ostracized in the workplace.
We prepared a case for our client that detailed over 15 years of discriminatory treatment.  We obtained a substantial settlement from the employer within weeks of filing our client’s application.


Employee Terminated while on Maternity Leave – Receives Substantial Settlement

Our client was a top employee with a large company.  While she was on maternity leave, her employer sent her a notice of termination claiming that she was part of a mass lay-off.
We were able to show that our client was not part of the mass lay-off, and that another person had in fact been hired to replace her.  On the eve of the hearing, our client received a substantial settlement from her former employer.

 

Sales Person Denied Commissions after Termination – Commissions Paid in Settlement

Our client was a very productive sales person for a mid-size media company.  She was terminated, but her backlog of orders continued to flow into the company.  The company took the position that our client was not entitled to be paid commissions for sales that she closed after she was terminated.

We disagreed and sued the company on our client’s behalf.  The company settled and agreed to pay our client her full commissions.

 

Employee Reveals Disability to Employer and gets Fired – Employer Pays Large Settlement

Our client was a successful sales person who discovered that he had a mental disability.  He told his employer about his disability asking for accommodation, and was then fired a few months later for alleged performance reasons.  We sued the employer and secured a large settlement for our client for wrongful dismissal and human rights damages.

 

Disabled Woman Gets 6-figure Settlement from Large Insurance Company

Our client developed a severe disability and was forced to take time off from her job.  Our client, like many disabled workers, thought that she would be protected against income loss by the disability insurance she had through her employer.  However, the insurance company decided to cut off her long-term disability benefits. When she came to us, our client was quickly running out of money and out of options. Less than a year after our firm was retained we secured for our client a six-figure settlement, including past benefits owing and future disability benefits compensation extending far into the future.

 

Property Owner secures Injunction against Family Member Claiming Ownership to her Recreational Property

Our client was gifted a recreational property 12 years prior to the eruption of a bitter family dispute.  Specifically, a family member proceeded to take possession of the property by force and effectively barred our client from attending at or occupying the property.  Less than two weeks after our firm was  retained  by the property's owner, a judge of the Superior Court of Ontario awarded our client an interim injunction restraining the family member from accessing or dealing with the land in any way.  The test for interim interlocutory injunctive relief set out in cases such as RJR MacDonald Inc. v. Canada (AG)(1994), 111 DLR (4th) 385.

 

Motor Vehicle Inspection Station Operator Gets His Licence Back

Our client 's inspection station licence  was revoked by the Ministry of Transportation.  After negotiations with the Ministry of Transportation and a two-day hearing at the Licence Appeal Tribunal, our client’s licence was restored with minimal interruption to their business.

 

Employee Secures Substantial Settlement after being Terminated for Refusing To Work with Toxic Chemicals

Our client worked almost 30 years at a chemical plant. His employer terminated him for cause when he refused, for health reasons, to continue to work with carcinogenic chemicals after his doctor had diagnosed him with cancer. We secured our client a significant settlement including amounts for the cancellation of his disability insurance while he was sick.

 

Foreign-Exchange Trader Secures Six-Figure Settlement with Bank

Our client was a foreign-exchange trader. After an unexpected market shift, his trading institution closed his accounts, seized his funds and sued him for its alleged losses. Within six months of being retained, we turned the action around and secured a six-figure settlement for our client.

 

Small Business Secures Settlement with Insurer

Many of our clients are people and businesses whose insurance claims have been denied. Recently, the owner of a medium-sized business sought our assistance regarding a denied insurance claim concerning a theft from his business. He attended our offices on the eve of the expiry of his limitation period and we took immediate steps to preserve his rights. Within weeks, we secured a sizable settlement from the insurer.

 

Transport Operator Gets his Licence Back

Our client was a tractor-trailer operator who had lost an appeal before the Licence Appeal Tribunal regarding a revocation of his licence for failing a medical exam. We appealed the Licence Appeal Tribunal’s decision to the Divisional Court and relied on a recent statutory amendment to get his licence back.

 

Nurse Settles Constructive Dismissal Case Against Former Employer

Constructive dismissal actions can be challenging for former employees because the employee bears the burden of proving that the employer changed the circumstances of their employment so much that the employee was entitled to quit for good reason. Our client was just such a person.

We commenced a constructive dismissal action against a nurse’s former employer and secured her a favourable settlement at mediation. We often resolve our cases at mediation, long before our clients bear the time and expense of trial. We are firm believers in utilizing Alternative Dispute Resolution mechanisms to obtain cost-effective results in the shortest time possible.