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statement of claim

Dealing with a Claim: Getting sued by an ex-employee

What is an employer to do when served with a Statement of Claim? Here are the most common questions we get: 1. Is a response mandatory or can we ignore the claim? 2. How do we get rid of this ridiculous claim? 3. How much is this going to cost?

 

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Wrongful dismissal law: Summary judgment motions – the way of the future

Since the Supreme Court of Canada’s decision earlier this year in Hryniak v. Mauldin 2014 SCC 7 (CanLII) more and more employees are bringing summary judgment motions to resolve their wrongful dismissal cases.

 

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Allocation of settlement funds in wrongful dismissal – between taxable and tax exempt

Damages for wrongful dismissal are intended primarily to compensate the dismissed employee for income lost due to the dismissal. As such, the amount of such compensation, whether as a result of a settlement or a judgment by the court is, prima facie, taxable.

 

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Human Rights Tribunal barred from hearing application: no forum-shopping allowed

The Ontario Human Rights Tribunal recently examined an application before it and an earlier statement of claim made in court by the same person, and concluded that the claims were virtually identical. They were based on the same facts, made the same allegations and sought similar remedies…

 

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