Although that provision may lead to questions, Monkhouse says that other aspects of the bill provide helpful clarifications to employment situations. Among this group of changes is one addressing vacation pay that says “any deviations from the rule that vacation pay shall be paid before commencing that vacation have to be made pursuant to an
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Court reduces sentence because Crown admitted disputed facts in guilty plea while accused absconded
The judge sentenced the appellant on the basis that he had admitted to being the “mastermind” of the robbery, though he had denied that at the time of the plea.
“As the court noted, this error may have been the product of the passage of time between the plea and the ultimate sentencing that proceeded…
Ontario Superior Court of Justice approves class action settlement over LifeLabs data breach
The Ontario Superior Court of Justice noted that class members will likely receive between $50 to $150 after counsel’s legal fees and disbursements. The court said this was over and above the compensation already provided by the defendants, including free credit monitoring, identity theft insurance, and their ongoing dark web monitoring at $5.6 million.
Class…
Court rejects privilege argument, orders law firm to produce full, unredacted adverse cost policy
Disclosure of these policies will determine which costs take priority for coverage, impacting decisions of whether to go to trial, she says.
The underlying litigation involved a dispute over an accident with a horse. The respondent in Spencer v. Martin and Hillyer, John Belton, was injured while walking Katie Spencer’s horse in 2010. Martin &…
Common creditor proofing method can be fraudulent conveyance: commercial litigator Allison Speigel
“People were like, ‘That’s the craziest thing I’ve ever heard. People transfer properties to their spouses all the time for the purpose of creditor protection.’”
She says her view was confirmed at the Court of Appeal in February in Ontario Securities Commission v. Camerlengo Holdings Inc., 2023 ONCA 93. The court allowed the appeal…
Ontario Superior Court refuses to invalidate marriage contract due to a party’s failure to read it
Khalill eventually raised the idea of a marriage contract due to her frustration with Khalill’s conduct and her desire to protect her assets if the relationship broke down. Khalill approached a lawyer, who prepared a draft marriage contract for her.
The parties later agreed to meet at another lawyer’s office to sign the marriage contract.…
Why do personal injury cases take so long?
Israel-Hamas conflict sowing strife in profession with accusations of McCarthyism and antisemitism
In response to the open letter, LSO bencher Jonathan Rosenthal sent one to Lincoln Alexander’s dean, Donna Young and TMU president Mohamed Lachemi. In Rosenthal’s letter, which was signed by 22 other lawyers, including four benchers, he said the TMU open letter was a “hate-filled incitement to violence against Israel and the Jewish people”…
Party who persistently refused medical exam faces contempt in the Ontario Court of Appeal
Steinberg brought a motion to set aside the court’s order based on COVID-19. However, the motion judge had insufficient evidence to support Steinberg’s position that he should not be required to travel to Toronto due to COVID-19. As a result, the motion judge issued an order requiring Steinberg to attend medical examinations in Toronto.
Steinberg…
Unreasonable delay in assault case violates accused’s Charter rights: Ontario Superior Court
The court explained that a “particularly complex” case means that the nature of the evidence or the nature of the issues, require an inordinate amount of trial or preparation time such that the delay is justified.
The court found that Tebb’s case was not particularly complex. The court acknowledged that there were several potential pre-trial…