Always be proactive in dealing with your client’s employer or his legal counsel if your client’s claim for constructive dismissal is well founded. Always make sure your client is paid fairly – including vacation pay, prorated bonus, severance pay under the common law.
<Galdamez v. Allstate Insurance Company of Canada, 2012 ONCA 508> –>The applicant’s return to work still renders him eligible for NEBs. –>Motion judge dismissed the action for NEBs but plaintiff’s appeal for the same was allowed.
<Neurological Assessment> The MVA client was a cyclist. How do you justify the neurological assessment to Desjardin Insurance? –>S. 25 Neuro assessment reports and family physician’s records exhibited symptoms of neurocognitive and neurological deficits, including tingling sensations along the spine.
<Insurer in a Tort action> An automobile insurance company must deal with its own insured with utmost good faith when responding to a SABs claim for their injuries. When an insurer is defending its own at-fault driver in a tort action, however, it has no such duty to the plaintiff: they are adversaries.
Another new MVA client reported pre-existing workplace injuries. It looks promising as our Legal Services can start this file with Non-Catastrophic injuries. There shouldn’t be a dispute over whether his injuries are minor or serious.
<Webex Meeting with another multidisciplinary clinic> Our Legal Services earlier finished another productive meeting with an owner of multidisciplinary clinic to discuss all MVA cases. They were impressed with our strategies as litigators. All time and efforts invested in it was absolutely worthwhile!
Such a pleasant and productive meeting! The doctor we had a meeting with to discuss MVA cases even offered to take us to lunch someday soon. Nice move! As we realize every single day, the meeting in person or by Zoom/Webex facilitates the effectiveness of eye contact with the counterparts. In many cases, any challenging … Read More
Our Legal Services just scheduled another Webex meeting with a multi-disciplinary clinic that provides physical therapies, in-home assessment, etc. So productive as our Legal Services has been able to expand our network with multiple therapists to discuss MVA cases!
<Duty to Accommodate> -Given the war in Ukraine, it is critical to consider whether the Ukrainian-Canadian employees have been properly accommodated by their employers with this deadly war in Ukraine. -Some of those employees have their families/parents still in Ukraine. -It is our duty to counsel all clients including Ukrainian-Canadian employees about their potential rights … Read More
<Farber v. Royal Trust Co., 1997 CanLII 387 (SCC)> The employee resigned but is deemed to have been constructively dismissed. When an employer decides unilaterally to make changes to the essential terms of employment contract and an employee does not agree to the changes and leaves his or her job, the employee has been constructively … Read More
PO Box 15306 Queensway High PO, Toronto ON M8Y 0B4
Phone: 416-996-9953
Fax: 416-391-6062
Email: ariel@legalservices.one
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