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Author: Martin

Z Legal Litigation Lawyer | Toronto, Canada > Articles posted by Martin

When an employee’s hours and pay are reduced, what can they do?

An issue that frequently comes up is when an employer suddenly changes an employee's working hours and pay.  Employees turn to Z Legal Litigation Lawyers to find out what their rights are in these situations. When an employer's conduct shows an intention no longer to be bound by the employment contract, the employee has the choice of either accepting that conduct or changes made by the employer or treating the conduct or changes as a repudiation of the contract by the employer and suing for constructive dismissal. An employee will be found to have been constructively dismissed if the employer has...

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Square Footage Misrepresented on MLS? What Happens Next?

What is the effect on a signed agreement of purchase and sale when the buyer discovers prior to closing that the square footage in the MLS listing was inaccurately inflated? Rescission may be obtained on the basis of a non-fraudulent misrepresentation where the defendant has made a false statement that was material and induced the plaintiff to enter into the contract. The effect of a material misrepresentation is to make an executory contract voidable, not void. On acquiring knowledge of the misrepresentation, the deceived party has the right to elect to affirm or rescind the contract within a reasonable time after...

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Disclosure Obligations in Real Estate Transactions

Description: There are many ways that a lawsuit can occur in the world of real estate. One of the most common reasons for a lawsuit is disclosures. Find out exactly what a real estate disclosure is, examples of them and how to avoid getting caught up in a disclosure-related lawsuit. Keywords: Real estate disclosures, real estate litigation, real estate, disclosure statements.   The article has been kindly provided by our client Real Estate Bay Realty Real Estate Disclosure Related Lawsuits It doesn’t matter if you’re a buyer or seller; disclosures are an integral part of any real estate transaction. Generally, a fresh coat of paint...

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Suing an Estate for Unpaid Child Support or Spousal Support

Can you sue an Estate for Unpaid Child Support or Spousal support? In short, yes!  Make sure to speak with an Estate Litigation lawyer at Z Legal Litigation Lawyers if you have any questions about this. You can sue for child support and spousal support even if no Orders for these were ever issued during the deceased's lifetime. In Ontario, the Succession Law Reform Act (“SLRA”) governs the disposition of estate assets. Section 58 of the SLRA provides that where a deceased has not made adequate provision for the support of dependants after his or her death, the Court may make a support order...

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Estate Litigation: The Procedure Summarized

Estate Litigation: The Procedure Summarized   What is an estate? When an individual has passed away, property which has been left behind (real estate, personal belongings, assets etc.) are considered their ‘estate’.   What is litigation? Litigation is a process for the purpose of enforcing a claim or a right. When you combine these definitions, you end up with enforcing a claim/right that pertains to a deceased’s estate – this is estate litigation. The following are some examples that estate litigation lawyers come across, of potentially litigious matters relating to estate trustees, executors, administrators and/or beneficiaries:   Challenging the Validity of Wills Powers of Attorney Disputes Appointment...

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Real Estate Litigation – Broken Deals, Deposit Forfeitures and Availability of Recourse

Real Estate Litigation – Broken Deals, Deposit Forfeitures and Availability of Recourse   Under a matter involving an Agreement of Purchase and Sale (“APS”) dispute, retaining a real estate litigation lawyer is highly recommended, since frequently sale/purchase disputes relate to the question of whether or not the buyer can get his/her deposit back. A litigation lawyer with a particular focus on real estate litigation is in the best position to explain viable options to a buyer and/or seller in such a dispute.   There are a few common circumstances under which an Agreement of Purchase and Sale cannot be completed. Most frequently, this includes...

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Mandatory Mediation in Estate Litigation

Mandatory Mediation in Estate Litigation: Do you need an Estate Litigation Lawyer?   It is often assumed that most cases are settled in a courtroom. However, there are ways of settling disputes or lawsuits outside of court, and one commonly used method is the use of mediation. Mediation is a form of alternative dispute resolution (ADR), which serves to resolve problems between parties in an enforceable manner. A capable Estate Litigation Lawyer is key to getting the most out of a mediation.   In Ontario (certain geographic locations), there exists a requirement of mandatory mediation for estate matters under Rule 75.1 of the Rules of...

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Bardal Factors and the Reasonable Notice Limit – When to see an Employment Lawyer

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 (and/or termination pay), severance pay, or common law reasonable notice (and/or pay in lieu). However ,   How do you determine what a...

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Deciding between Small Claims Court and Superior Court

If you're looking for a Litigation Lawyer, whether for an Employment Law matter (such as Wrongful Dismissal, Constructive Dismissal, Severance Pay), Commercial Litigation or other matter, if your case falls in the $20-40,000.00 range, a decision must be made early on whether to start a Claim in Small Claims Court (limited to $25,000 in Ontario), or Superior Court (over $25,000). The answer may seem to be obvious - "if I'm claiming more than $25,000 then I'll start it in Superior Court, and if it's less than $25,000 I'll start it in Small Claims Court." - but in practice many considerations should go...

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“For Cause” Dismissal and the Duty to Accommodate

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 on Short Term Disability. Unfortunately, she returned from her disability leave too early, and was still unable to complete her tasks...

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