What is “Constructive Dismissal”?

The law has described constructive dismissal as being a case where an employer unilaterally makes a fundamental or substantial change to an employee’s contract of employment.  When this occurs, the employer is committing a breach of the contract that results in its termination and entitles the employee to consider himself or herself constructively dismissed.   Once … Read more

What does being fired for “Cause” mean?

At common law, the general wrongful dismissal principle is that an employee is entitled to reasonable notice of termination of his or her contract with the employer, or payment in lieu of notice.  The exception to the rule occurs when “just cause” exists;  the employer is then entitled to dismiss the employee summarily, without any … Read more

Have You Been Terminated?

When Arnold Schwarznegger took over Donald Trump’s role on ‘The Celebrity Apprentice’, albeit short-lived, he replaced the Donald’s favourite phrase – “You’re fired” – with “You are terminated”.  Although this was an obviously appropriate catchphrase for Arnold to assume, it also happens to be legally correct.  The likelihood of a boss telling you that you … Read more

Do I need a Living Will

The term “Living Will” is often confused, or used interchangeably, with a Power of Attorney for Personal Care.  The two documents are not the same.  Another question often asked is: what is the difference between a Living Will, and a Last Will and Testament?  Think of it in these terms: when you are alive, powers … Read more

What is a Will?

A Will, also known as a “Last Will and Testament” is a written, legal document prepared and  signed by a person – called a testator if male, or testatrix if female – stating what happens to their   property, and who manages it, upon their death.  The person managing the property is called the   executor if … Read more

Types of Personal Injury

The list is endless. Perhaps the most common is from a car accident. Of course, there are numerous other motorized vehicles speeding around that get into accidents, either on their own, through the negligence of their driver, or the negligence of a driver in another such vehicle: trucks, motorcycles, boats, snowmobiles, to name a few. … Read more

What Is A Personal Injury Lawyer?

Well, you have undoubtedly seen the ads! Personal injury lawyers are, by far, the ones who advertise the most. Just have a look at the overwhelming array and number of billboards as you cruise though the USA. The reins have been loosened on Canadian lawyers in recent years, allowing them to advertise their services much … Read more

Legally Separated?

This question is often posed: “We aren’t living together anymore; are we legally separated?” Well, there is no such thing as being illegally separated! “Living separate and apart” does have certain legal connotations in Canadian law. Interestingly, it is possible, and legally recognized, in certain cases, to be “living separate and apart” under the same … Read more

What is a Separation Agreement?

Often calls are received from people inquiring about getting, or filing for, a “legal separation“. There is really no such thing in Canadian law as a legal separation. Instead, what people have heard about is actually called a “Separation Agreement”. This is a private contract dealing with all of the important issues between separating married … Read more