Bardal Factors and the Reasonable Notice Limit – When to see an Employment Lawyer What is considered a reasonable notice period? There is no dispute that an employer owes a duty to an employee to act fairly and reasonably. In circumstance where an employee has been terminated for reasons besides just cause, a notice of termination (or pay in lieu) is required by the employer. This is also known as “severance pay”, which in Ontario is comprised of a statutory notice…

Your House Sale or Property Sale Fell Through? What now? Will I need a Litigation Lawyer? Who gets the deposit? Generally speaking, when a house sale falls through the vendor of the property retains the deposit unless there’s specific wording in the Agreement of Purchase and Sale that states otherwise.  That’s true even if the vendor resells the home at the same, or even a higher, price. The price of the house dropped after the property sale fell through. Now…

Fired? Laid Off? “Downsized”?  Here are five things you need to know that can affect your Severance and Notice Pay. If you had a signed contract before you started working, what you can get may be limited by that contract. You remember that agreement that you quickly skimmed over before signing on to that dream job?  Well it may have limited what you’re entitled to once your position is terminated for any reason.  Depending on the wording in the contract, you may…

Estate Litigation with Dependent Support Claims In this post, we’re going to discuss briefly 5 common Estate Litigation issues that someone who has a potential Dependent Support Claim, or who is challenging such a Claim, needs to keep in mind: Dependent children always get priority. Regardless of any other entitlement any dependents may have, dependent supports claims by children and other dependents of the deceased will always get priority over everyone else in Estate Litigation claims. Being separated doesn’t mean your ex isn’t entitled…

Q. When an employer alleges termination “for cause”, how does the Duty to Accommodate come into play? If the employee can show the termination was a wrongful dismissal, can she receive Severance pay? A. Our client, Ms. A, was a long term employee, who was ultimately terminated “for cause”. She had worked for her company for over 20 years and had good performance reviews until she became sick. Her sickness prevented her from completing her duties on time. She eventually went…