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Terminated.Law
Employment lawyer for: wrongful dismissal law
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Latest Posts from Terminated.Law
- Hilton v K & S Services: A Matter of Jurisdictionby Michael Wills on December 14, 2024
Tecumseh Resident Secures Jurisdiction in Ontario for Constructive Dismissal Claim In Hilton v. K & S Services Inc., the Ontario Court of Appeal affirmed that Ontario courts have jurisdiction over a constructive dismissal claim brought by Craig Hilton, a Tecumseh, Ontario resident, against his […]
- Ontario Employment Standards Act Key Protections: Your Rights Explainedby Michael Wills on December 13, 2024
Introduction The Employment Standards Act, 2000 (ESA) is the cornerstone of workplace rights in Ontario. This legislation outlines the minimum standards employers must meet to ensure fair treatment of employees. Understanding your rights under the ESA empowers you to identify violations and take […]
- Understanding Severance Pay and Compensation: Maximizing What You Deserveby Michael Wills on December 13, 2024
Introduction Severance pay is one of the most misunderstood aspects of employment law in Ontario. Many employees accept initial severance offers without realizing they might be entitled to significantly more compensation. Understanding how severance pay is calculated and the factors that affect […]
Latest Posts from Weclose.Law
- First-Time Homebuyer Rebates and Incentivesby Michael Wills on October 31, 2024
Explore first-time homebuyer rebates and incentives in Ontario. From tax rebates to shared-equity loans, Weclose guides you through savings opportunities. The post First-Time Homebuyer Rebates and Incentives first appeared on Weclose.
- Buyer and Seller Rights Ontario Real Estateby Michael Wills on October 31, 2024
Understand buyer and seller rights Ontario real estate. From disclosures to fair compensation, Weclose guides you through a fair and protected transaction. The post Buyer and Seller Rights Ontario Real Estate first appeared on Weclose.
- Ontario Home Closing Day Essentials: Key Considerations for Closing Day in Ontarioby Michael Wills on October 30, 2024
Be prepared with these Ontario home closing day essentials. Weclose guides homebuyers through each step, ensuring a smooth and stress-free closing. The post Ontario Home Closing Day Essentials: Key Considerations for Closing Day in Ontario first appeared on Weclose.
Recent Decisions from Ontario Court of Appeal
- Rathee v. Rathee, 2025 ONCA 326 (CanLII)on April 25, 2025
Civil procedure — Motions to amend judgments — Rule 59.06(1) — Husband sought to amend spousal support award, alleging an accidental slip or omission in the court’s prior judgment — Does Rule 59.06(1) permit amendments to correct alleged errors in judicial reasoning or analysis? — Rule 59.06(1) applies to clerical, mathematical, or oversight errors, not substantive judicial errors — Motion dismissedStatutory interpretation — Rules of Civil Procedure — Accidental slip or omission — Interpretation of Rule 59.06(1) — Husband argued that the court omitted relevant factors in calculating spousal support under the Spousal Support Advisory Guidelines — What constitutes an “accidental slip or omission” under Rule 59.06(1)? — Rule 59.06(1) does not apply to substantive errors in judicial reasoningFamily — Spousal support — Lump sum awards — Husband sought to reduce spousal support award by alleging errors in the court’s prior judgment — Is the motion to amend properly characterized as a substantive appeal rather than a correction of an accidental slip or omission? — Motion dismissed as an improper use of Rule 59.06(1)Civil procedure — Costs — Motion dismissed — Wife awarded costs of $7,500 inclusive of disbursements and HST — Entitlement to costs determined based on the outcome of the motion
- R. v. Williams, 2025 ONCA 327 (CanLII)on April 25, 2025
Criminal infractions — Sexual assault — Dangerous offender designation — Indeterminate sentence — Appellant convicted of sexual assault and break and enter — Trial judge found appellant to be a dangerous offender and imposed an indeterminate sentence — Did the trial judge err in imposing an indeterminate sentence? — Protection of society as paramount consideration — Indeterminate sentence upheld due to high risk of re-offending and lack of control over offending behaviourEvidence — Sexual assault — Reasonableness of verdict — Appellant argued trial judge’s verdict was unreasonable due to lack of evidence of forced entry and implausibility of complainant’s testimony — Trial judge found complainant’s evidence clear and compelling — Corroborative evidence considered but not required — Was the verdict unreasonable or tainted by error? — Verdict upheld as reasonable and supported by evidenceCriminal procedure — Search warrant — Validity of search warrant — Appellant challenged search warrant on grounds of insufficient evidence in the ITO and alleged misrepresentations — Trial judge conducted full analysis of ITO and found sufficient grounds for warrant issuance — Did the trial judge err in ruling on the search warrant? — Search warrant upheld as valid
- Lang-Newlands v. Newlands, 2025 ONCA 328 (CanLII)on April 25, 2025
Family — Spousal support — Post-separation adjustments — Characterization of payments — Moving party sought directions to classify post-separation adjustments as spousal support to exempt them from the automatic stay under Rule 63.01(1) — Court declined to provide directions due to lack of procedural authority and absence of prior characterization by the trial judge — Rules of Civil Procedure, R.R.O. 1990, Reg. 194, r. 63.01(1)Civil procedure — Automatic stay — Lifting of stay — Post-separation adjustments — Moving party sought to lift the automatic stay on post-separation adjustments owed by the respondent — Court considered financial hardship, ability to repay, and merits of the appeal — Stay lifted due to serious risk of non-payment by the respondent — Rules of Civil Procedure, R.R.O. 1990, Reg. 194, r. 63.01(5)Civil procedure — Stay pending appeal — Retroactive spousal support and equalization payments — Moving party sought a stay of her obligation to pay retroactive spousal support and equalization payments pending appeal — Court declined to address the request as the stay on post-separation adjustments was lifted, resolving the issue — Rules of Civil Procedure, R.R.O. 1990, Reg. 194, r. 63.01(1)Civil procedure — Family law — Balancing factors in stay motions — Financial hardship, ability to repay, and merits of appeal — Court applied a flexible approach in family law disputes, emphasizing the risk of non-payment and the interests of justice — Principles from Peper v. Peper and Popa v. Popa applied