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.

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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 :

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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.

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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.

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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.

Wrongful Dismissal – Reasonable Notice

When it comes to wrongful dismissal, the main job of the court is to determine what is reasonable notice (i.e. you get paid money to compensate you). This is an implied term of the employment contract as per common law. There are two main approaches to determine reasonable notice. The oft-cited Bardal approach where the court considers such factors as the character of employment, length of service of the servant, age of the servant and availability of similar employment (most important) having regard to the experience, training, and qualifications of the servant. The Bardal approach is augmented with by the Lazarowicz approach, approved by the SK QB in Bartlam. Here, the court imagines that the employer and the employee had sat down at had a chat at the time the employee was hired. How much of a notice period would they have agreed upon? This approach is useful because it takes it flexibly takes into account factors such as the economic situation, norms of the industry and so on.

Compensation Wrongful Dismissal (Canada)

The measure of damages for wrongful dismissal is governed by the length of the notice period in the contract of employment, because what makes the dismissal unlawful at common law is the employer’s failure to give due notice or wages in lieu of. Therefore, the employer can recover only for wages and benefits that he or she would have been legally entitled to during the contractual notice period.

If the employer acted in a particularly repulsive way in the manner of dismissal, there is no additional recourse for the employee unless the employee can show that the employer’s conduct constituted an independently actionable tort such as mental distress (Honda v. Keays).

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