Blumberg Segal LLP

Blumberg Segal LLP
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contact us 416.361.1982
November 09, 2016

Blumbergs looking to hire Charity and Corporate Law Clerk / Legal Assistant

Blumberg Segal LLP is looking for a Charity and Corporate Law Clerk / Legal Assistant to cover a maternity leave.  Details are below. 

July 05, 2016 | By: Scott Chambers

Top Employment Law Mistakes Made by Charites and Non-Profits

1. Failure to have an Employment Agreement

The Employment Agreement is the contractual agreement between the employer and the employee and it governs the employment relationship between the parties. It is essentially the most important document that governs the working relationship. 

June 21, 2016 | By: Ronald Segal

Court Rules That Executor’s Reliance on Co-Executor is No Defence to Negligence

In a recent decision, the Ontario Superior Court of Justice has held that an Executor was negligent in carrying out her duties as an executor and trustee of the Estate, and was personally liable to compensate a beneficiary, when she relied on her Co-Executor to establish a trust fund for the beneficiary as required by the Will, but where the trust fund was never established and the Estate funds intended for the trust fund were dissipated by the Co-Executor.

March 29, 2016 | By: Scott Chambers

Decision Demonstrates Wide Variety of Damages Available to a Wrongfully Terminated Employee

In a recent decision of the Ontario Superior Court of Justice, the Court awarded damages in almost every category of damages sought that are generally available to a wrongfully terminated employee, including punitive damages and damages under the Ontario Human Rights Code.

February 19, 2016 | By: Scott Chambers

Top Employment Law Mistakes for Charities and Non-Profits

On January 13, 2016, Scott Chambers presented Top Employment Law Mistakes for Charities and Non-Profits as part of the Canadian Charity Law Association webinar series.  Click here for a link to the presentation.

February 17, 2016 | By: Scott Chambers

Apology Act Used to Strike Portions of Pleading in Wrongful Dismissal Case

The Apology Act, 2009, is a little known piece of legislation and has not been relied upon in any material or significant manner since its coming into law in 2009, yet the Act is an important piece of legislation in all realms of litigation, including employment disputes. 

February 16, 2016 | By: Scott Chambers

26 Months’ Notice Required for Employee Who was Constructively Dismissed

In the recent decision, Maasland v. The City of Toronto, 2015 ONSC 7598, the Ontario Superior Court of Justice awarded 26 months’ notice to a long term employee after finding that she had been constructively dismissed from her employment as a result of a significant change in her work responsibilities and duties.

February 16, 2016 | By: Scott Chambers

Employee Manual Deemed Not Part of the Employment Agreement

In a recent decision of the Ontario Superior Court of Justice, Asgari v. 975866 Ontario Inc., 2015 ONSC 7508, Justice Dow held that references in an employment agreement and employee manual which capped damages for termination at Employment Standards Act, 2000 minimums was not enforceable.

February 15, 2016 | By: Scott Chambers

Exceptional Case Justified 27 Months’ Notice for a Long Term Employee

In the recent decision, Markoulakis v. SNC-Lavalin Inc., 2015 ONSC 1081, Justice Pollak of the Ontario Superior Court of Justice held that exceptional circumstances existed to justify awarding the plaintiff 27 months’ notice for 40.66 years of employment with the defendant.

February 15, 2016 | By: Scott Chambers

Court Awards $100,000.00 in Punitive Damages Against an Employer in Wrongful Dismissal Case

The Ontario Superior Court of Justice recently awarded $100,000.00 in punitive damages for the highhanded and callous conduct of the employer in its termination of an employee.  In awarding punitive damages the Court denounced the employer’s refusal to pay reasonable notice and severance pay to the employee on termination.