The rules of employment contracts are similar to the rules of contract in general. For example, as per the freedom of contract, one is fully entitled to choose whether or not they want to enter into a contract. This applies to employment contracts as well. Employers are free to decide whether or not they want to enter into a contract with you i.e. hire you. Just like in regular contracts, the principles of offer, acceptance, consensus ad idem, etc are necessary to form an employment contract. An employer cannot unilaterally impose a contractual term onto an employee.
Obvious Check Before Buying a Condo
Condo living can be good for the environment, requires less maintenance, and can increase security/community. Smaller spaces and sharing heat reduces your carbon footprint (assuming you pay attention to that kind of thing). You don’t have to vacuum common area carpets, shovel snow, or cut grass. The garbage is taken away down your chute, and your condo fees cover most of your utilities. You also have the benefit of living in close proximity to others for added security. Continue reading “Obvious Check Before Buying a Condo”
Just a Number with Insurance Companies
We all have to get insurance if we do certain things like drive. Other forms of insurance are ways of mitigating risk, like life insurance or home insurance.
To complicate matters there are a variety of forms of insurance one can purchase to protect the same thing. Life insurance has ‘term insurance’ or the much maligned ‘universal life‘, but there thousands of iterations.
But what happens if you need to make a claim?
Collateral Evidence
I was watching the movie ‘Lincoln Lawyer’ where the for the first time ever Matthew McConaughey didn’t take off his shirt (no wait, I think he did, twice, NVM).
How Do Contingency Agreements Typical Work?
A Contingency Agreement is a type of agreement that is typically used in various types of arrangements between client and lawyer. For example, personal injury cases. It allows individuals to hire a lawyer without having to pay out any funds until the case is either settled or a judgment is granted against the person responsible for causing the injuries.
The fee is payable only if there is a favourable result. It is generally defined as a fee charged for a lawyer’s services only if the lawsuit is successful or is favorably settled out of court…. contingent fees are usually calculated as a percentage of the client’s monetary settlement/award.
Continue reading “How Do Contingency Agreements Typical Work?”
Slip and Fall Legislation in Canada
Often slip and fall cases note something on the floor that they didn’t see or couldn’t, caused them to slip and incur injuries. The fact that there was something on the floor (or that the entrance-way was icy or covered in snow) is not the end of the matter. Such conditions of the floor do not automatically result in liability on the landowner. You must first consider the legislation that deals with the duty of landowners who invite others onto their property :
Pay Attention to the Fine Print – Chattels
Have you heard of horror stories that upon purchase of a new home, a couple may encounter that there are no appliances. Not just a microwave or toaster oven, but the fridge, range, washer and dryer, all gone?
It happens all the time.
You have to declare in the sale what items are included with the purchase, they are called chattels.
Continue reading “Pay Attention to the Fine Print – Chattels”
What is a ‘whiplash’ injury?
When you’re involved in a collision you may face a range of injuries to your neck. Whiplash is a soft tissue injury to the neck. It can also be called a neck sprain or neck strain. Whiplash is characterized by a collection of symptoms that occur following damage to the neck, usually because of sudden extension (bending the neck backwards) and flexion (the bending of a joint so that the bones forming the joint are brought closer together).
Paying close attention to your injury, and giving yourself ample time to heal, are critical components before proceeding with any legal action in a vehicle collision.
The disorder often occurs as the result of an car accident and may include injury to intervertebral joints, discs, and ligaments, cervical muscles, and nerve roots. Symptoms such as neck pain may be present directly after the injury or may be delayed for several days. In addition to neck pain, other symptoms may include neck stiffness from injuries to the muscles and ligaments (also known as myofascial injuries).
For a more comprehensive list of the different types of WAD injuries visit Conway Injury Law Calgary and their post on WAD 1, 2, 3.
Condos or Townhome vs Single Family House
For the most, a house will be the single greatest purchase of their lifetime. This is particularly true in large cities where real-estate prices are much higher than rural areas. There is a significant amount of research, a well defined process, and necessary expertise to close real-estate transactions. But are there differences between single family home and townhouse / condo transactions?
Yes there is, and it’s more than just preference, but let’s start there.
Continue reading “Condos or Townhome vs Single Family House”
Collective Bargaining – Excluded Employees
As per labour relations legislation, some employees are excluded from collective bargaining. In the past this exclusion has survived Charter scrutiny as it has been held that the freedom of association and freedom of speech do not guarantee a right to collectively bargain. However, newer case law seems to suggest that there is a Charter protected right to collectively bargain. In Health Services, it was held that the Charter includes a procedural right to collectively bargain, but does not guarantee particular objectives. Further, the Charter does not protect all aspects of associational activity, only those which constitute a substantial interference with associational activity. Notably, Bill 5 in SK designates certain employees as “essential services”, and restricts their rights to collectively bargain.