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).
Dime a Dozen for Attorneys – Do Your Research
There’s an old saying that attorneys are a, “dime a dozen”. With the advent of social media the tools to select the right attorney for the right job, and compare all at the same time, is at your fingertips.
That means the following concern should happen less in our digital age.
My attorney for 2 years has done nothing that I understand. I drive 80 miles one way for a meeting and we discuss options/strategies then I leave (after she charges 400.00) and she does not follow thru. Continue reading “Dime a Dozen for Attorneys – Do Your Research”
Tort Law Approaches in Economics
In tort law if you come from the perspective of the economist then judges behave ‘as if’ they were setting precedents that discourages negligent behaviour. There are two primary approaches:
1) ex ante: precedent used as deterrent,
2) ex post: used to compensate victims.
Specific Section B benefits, Insurance Benefits
In Canada, depending on the province where you reside, there are certain benefits that your insurer has to pay to you after you’ve been in a car accident. Often referred to as the ‘Section B’ insurer, insurance has to pay certain benefits. Generally speaking, there are both income loss and medical expense benefits that are potentially payable. An often overlooked entitlement under the Section B benefits in Alberta is the right to claim $135 a week if you are not employed and are unable to perform your household duties. This is often referred to as the ‘homemaker’s benefit’. The relevant section of the policy reads as follows :
Continue reading “Specific Section B benefits, Insurance Benefits”
Pictures of Your Slip & Fall
What’s perhaps the greatest asset when seeking adequate compensation for a slip or fall injury? Quite simply it’s pictures. A picture in this case would be worth a 1000 words. Pictures from multiple angles, with measurement tools or comparison objects, close ups, even a landscape shot, there’s no shortage of how many pictures you can take of a scene.
Help yourself build a case by ensuring your ‘evidence’ is substantial. Continue reading “Pictures of Your Slip & Fall”
How should someone go about selecting the right lawyer?
How should someone go about selecting the right lawyer?
Often the best way to pick a lawyer is by speaking with family and friends about their experience with a particular lawyer. If you are trying to choose a lawyer where you don’t have a friend or family member’s referral to the lawyer, the most important thing in my opinion is that you need to feel ‘comfortable’ with the lawyer you selected.
For cases that operate on contingency, you do have an opportunity to try visiting or speaking to a few different lawyers to determine who you trust or click with more.
Some want their lawyer to be located downtown in a high-rise office tower and be dressed in a three-piece suit. If that’s what makes you feel comfortable and gives you a sense trust in your lawyer, then that’s where you should look for your lawyer. Alternatively, other people can be somewhat intimidated by the ‘big downtown law firm’ scenario. Those people need to find a smaller law firm where the lawyers are ‘approachable’ and give you a good first impression.
You want someone who is experienced in the field where you need help, will listen to you and work hard for you. Ultimately you should hire the lawyer who provides a sense of comfort and trust.
* Input from Conway Injury Law.
Unseen Doesn’t Mean Un-hurt
Soft tissue damage is usually unseen. That means to people around you your injuries seem like phantom boo-boos, but in reality you’re in real pain. Family, friends, and other loved ones need to show empathy to those with soft tissue damage as these injuries do not come with broken bones or prolonged bruising.
You may slowly find yourself doing less and less around the house because your injuries are getting worse and worse. To those around you it may seem as if you’re physically fine on the outside and are just getting lazy! Remember, just because it can’ tbe seen doesn’t mean you aren’t hurt!
Secured Financing Intro
The idea of modernizing finance law has spread around the world. Secured financing is a way to stimulate economic growth and modernize an economy. In theory, capital is not used to develop the community because of the lack of legal infrastructure by which banks can lend capital and can hold an expectation to get it back. Many developing countries adopt systems patterned on the Canadian system.
In Canadian law, the core of the system is the security interest. What is a security interest? A secured interest is Propriety interest in the debtors property. This allows assertion of the nemo dat principle. The secured creditor defeats anyone who thereafter who takes an interest in the property.
Intentional Torts and Types
Types of intentional torts include:
Battery – unwanted intentional touching
Assault – threat of battery
Intentional infliction of mental suffering
Intentional interference with chattels (theft)
Recklessness