Terminated Before Bonus Day? When a ‘Discretionary’ Bonus Must Still Be Paid in Ontario

A practical guide for Ontario employees whose employer withheld a bonus after termination — and what the law actually says "You Weren't Employed on the Payment Date" You worked hard all year. Then, weeks or even days before the annual bonus payout, your employer terminated your employment. Now they are telling you that because you were not "actively employed" on the bonus payment date, you are not entitled to anything. This is one of the most common—and most contested—disputes in…

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Pushed Out or Forced to Retire? Understanding Constructive Dismissal vs. Voluntary Retirement in Ontario

A practical legal guide for employees in Toronto and across Ontario who believe they were pressured to leave their jobs When "Retirement" Isn't Really a Choice If your employer has been hinting—or outright demanding—that it's time for you to step aside, you are not alone. Across Ontario, employees in their 40s, 50s, and 60s are routinely subjected to pressure campaigns designed to make them leave "voluntarily." Management reorganizations, stripped responsibilities, hostile performance reviews, and pointed retirement conversations are all tactics that,…

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Who Gets the House After Separation in Ontario? Your Complete Guide

Few questions cause more anxiety during a separation than “Who gets the house?” In Ontario, the answer depends on marital status, whether the home is a matrimonial home, and whether a court order or agreement is in place. Below is a clear explanation of how Ontario family law treats the family home after separation. The Matrimonial Home: Equal Right to Possession If you are married, Ontario law gives both spouses an equal right to possess the matrimonial home, regardless of: whose name is on…

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Z Legal Successfully Defeats Statute-Barred Counter-Application in Major Toronto Estate Litigation Decision

Gibbons v. Gibbons, 2025 ONSC 4192 https://www.canlii.org/en/on/onsc/doc/2025/2025onsc4192/2025onsc4192.html Z Legal Professional Corporation is pleased to share a significant estate litigation victory for our client, Emilia Gibbons, in the Ontario Superior Court of Justice. In Gibbons v. Gibbons, 2025 ONSC 4192, the Court dismissed a counter-application brought by the estate trustees as statute-barred, while allowing our client’s Family Law Act equalization claims to proceed. Martin Zatovkanuk, principal lawyer at Z Legal, acted for Emilia Gibbons throughout this complex estate dispute and successfully…

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Common-Law Spouses and Estate Claims in Ontario

Common-Law Spouses and Estate Claims in Ontario Many long-term relationships today do not involve legal marriage. But when one partner passes away, estate rights can become uncertain, particularly for common-law spouses in Ontario. Unlike married spouses, common-law spouses do not automatically receive the same inheritance rights or statutory entitlements. This can come as a shock during an emotionally and financially vulnerable time. This guide explains the current legal landscape in Ontario as of 2026, including what common-law spouses can claim, what…

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A practical overview for employees and employers in Ontario (including Toronto and the GTA)

If you have been terminated without cause in Ontario, a key question is often how much notice you should receive (or pay in lieu of notice). In many wrongful dismissal cases, Ontario courts assess common-law reasonable notice using the Bardal factors, originating from Bardal v. Globe & Mail Ltd., 1960 CanLII 294 (ON SC). CanLII link (Bardal): https://www.canlii.org/en/on/onsc/doc/1960/1960canlii294/1960canlii294.html This article explains the Bardal factors, how they are used, and why the analysis is always fact-specific. If you need advice about…

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How is Duty to Mitigate Dealt with if Damages are Awarded Before the end of the Notice Period?

Ontario courts have confirmed that employees may obtain wrongful dismissal damages, including pay in lieu of reasonable notice, even before the full notice period has expired. This is a critical issue in employment litigation and one that experienced Toronto employment lawyers routinely address. Early Judgment for Wrongful Dismissal Damages Ontario courts recognize that wrongful dismissal damages are generally assessed as of the date of termination, subject only to the employee’s ongoing duty to mitigate: Markoulakis v. SNC-Lavalin Inc., 2015…

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Z Legal Secures Complete Defence Victory in Estate Litigation Case

McNeill v. Phillips, 2025 ONSC 5779 October 10, 2025 — Ontario Superior Court of Justice Z Legal Professional Corporation, a Toronto-based estate litigation law firm, successfully defended an estate trustee and surviving spouse in McNeill v. Phillips, 2025 ONSC 5779 (Healey J.), securing a complete dismissal of the claim without leave to amend, the rejection of an injunction freezing estate assets, and a costs award exceeding $10,000. Z Legal acted for Kenneth Phillips, the surviving spouse and estate trustee of…

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Understanding Limitation Periods in Employment Law: “Am I Too Late?” and “How Long Do I Have?”

If you’ve recently been terminated, forced out of your job, or treated unfairly at work, one of the first questions you may be asking is: “Am I too late to speak to an employment lawyer?” At Z Legal P.C., employment lawyers in Toronto, we regularly hear this concern from employees facing wrongful dismissal, constructive dismissal, or workplace discrimination. The answer depends on limitation periods—strict legal deadlines that apply to employment law claims in Ontario. Missing a limitation period can permanently…

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Executor Not Doing Their Job? Your Rights as a Beneficiary in Ontario

At Z Legal PC, we frequently hear from beneficiaries who are frustrated with executors who go silent, delay distributions, or appear to mismanage the estate. If you’re facing this situation, you’re not alone—and you have legal rights. In Ontario, executors (also known as estate trustees) have clear responsibilities under the law. When they fail to fulfill their duties, beneficiaries can take legal steps to protect their interests and hold executors accountable. Your Rights as a Beneficiary in Ontario In Ontario, beneficiaries have clear…

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