Will Employers Settle Claims Out Of Court? Oftentimes, employers will decide that it’s more economical and a better option to settle matters out of court versus in court. The latter which would involve a lengthy litigation and a costly litigation at that. In general, well over 80% of cases settle out of court. That’s because […]
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Alexandra Monkhouse, Employment Lawyer at Monkhouse Law explains: 1. What is a class action lawsuit? Class actions are procedural means of aggregating small claims which wouldn’t make sense to pursue individually and to deal with a whole group all at once. In Ontario, you don’t have to opt in to a class action. Once an
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In the case of Guitard v. Workplace Health and Safety Compensation Commission, the Court of Appeal of New Brunswick dismissed an appeal from the Workers’ Compensation Appeals Tribunal (Appeals Tribunal), finding that absent a palpable and overriding error, the Appeals Tribunal’s decision must be given deference. Background and Initial Disability Award In May 2012, Guitard
In the case of Oliveira v. Oliveira 2023 ONCA 520, recently heard by the Ontario Court of Appeal, the appellant, Jack Oliveira, appealed a decision by the motion judge, resulting in a sentence of 89 days in jail and $75,000 in costs. Background, motion judge’s decision The appellant was employed by the respondent, LIUNA Central
In Ontario, compassionate leave is available to all provincial employees under the Ontario Employment Standards Act, 2000 (“ESA”) whether full-time, part-time, permanent, or term contract. Employees can request compassionate leave under either the “Family Medical Leave” or “Family Caregiver Leave” provisions of the ESA. Compassionate Leave Under Family Medical Leave An employee covered under the
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The minimum employment standards for parental leave in Ontario are outlined in Ontario’s Employment Standards Act, 2000 (“ESA”) for provincially regulated employees. Under the ESA, both new parents have the right to take parental leave. A “parent” includes a birth parent, an adoptive parent, or a person who is in a relationship of some permanence
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In Ontario, employees have the right to prioritize their health and well-being, including taking time off work when necessary for stress leave. The Ontario Employment Standards Act, 2000 (“ESA”) entitles employees to a variety of unpaid leaves of absence, including sick leave. While the sick leave provision allows employees to take a leave of absence
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If your long term disability has recently been denied or cancelled by your insurance company, you may wonder what options there are for appealing long term disability. To help you make an informed decision, we have provided the following guidelines for appealing long term disability. It is crucial to initiate the appeals process promptly. Long
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If you are applying for a long term disability claim, you must know the definitions, qualifications, timelines, limitation periods and what to do if you get denied. All are integral parts of understanding the application process. It can be a daunting and confusing process, and denials can occur for a myriad of reasons. For this
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Goberdhan v. Knights of Columbus 2023 ONCA 327 is a recent case before the Ontario Court of Appeal, the appellant, Knights of Columbus appealed a decision by the motion judge to dismiss their motion for a stay of proceedings in favour of arbitration. Background, motion judge decision Knights is a fraternal benefit society that provides