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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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”

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 :

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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”

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.

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Definitions of Administrative Law (Canada)

Administrative actor: subject to the principles of admin law. Includes persons or bodies that exercise statutory or prerogative power. Boards, tribunals, etc are usually given authority pursuant to statute.

Judicial review: administrative actors are subject to judicial review. It is part of public law where superior courts under s96 engage in surveillance of lower tribunals to ensure they are acting legally. S96 courts derive their power from s96 of constitution, hence the name. The role of s96 courts in judicial review is part of their inherent authority. Federal courts operate differently they operate as equivalent as s96 court however they have statutory power, not inherent power. When they invented federal courts they took some powers that should belong to s96 courts and gave them to federal courts.

Sample cases where judicial review does or does not apply.

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The Symptoms of Whiplash and Possible Side Effects

Most people have heard of whiplash, but few actually know exactly what it is and how severe it can be. Essentially, whiplash is the stretching of the ligaments in the head, neck and shoulders. In medical terms, this is called “hyperextension” or is often referred to as a “sprain”. The most common cause of whiplash is after a road traffic collision, when the seatbelt keeps your body still, but your head is thrown forward.
In most cases, whiplash only lasts for a few weeks or months. However, around 15% to 20% of people who suffer whiplash go on to experience long-term chronic pain. In addition, even if symptoms of whiplash do stop, it doesn’t mean the head or neck ligaments are fully repaired and even a small jolt could bring on the symptoms again.

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