The Litigator

Litigator

Compelling Commentary on Law Affecting Business

The Litigator
AGM :: Affleck Greene McMurtry LLP

THE LITIGATOR

Affleck Greene McMurtry LLP
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Employee suspension ruled constructive dismissal: Supreme Court

Employers would be wise to consider the terms of an employee’s contract before administratively suspending him or her. The Supreme Court of Canada held that administrative suspensions must be both reasonable and justified. Also, employers cannot use an administrative suspension to get around the fact that they no longer intend to be bound by an employee’s employment contract. In Potter v. New Brunswick Legal Aid Services, 2015 SCC 10, the Supreme Court of Canada ruled that an employee’s administrative suspension with pay amounted to constructive dismissal. Background Mr. Potter was the (non-unionized) Executive Director of the New Brunswick Legal Aid ... [more] Full article

Temporary Workers, Interns Given New Protections

Temporary workers, unpaid interns and foreign nationals will soon be better protected under amendments to Ontario’s employment laws. Employees will also be able to recover more of their unpaid wages ... [more] Full article

Court Reduces Notice Period, Employee Should Have Known Better

The Ontario Superior Court of Justice recently reduced the notice period awarded to a wrongfully terminated employee for his failure to properly read his contract before signing on the dotted ... [more] Full article

Pension Benefits Do Not Replace Wages Owed, Supreme Court Rules

An employee’s pension payments should not be deducted from damages otherwise payable for wrongful dismissal, the Supreme Court ruled recently. Pension benefits are not intended to indemnify wage loss due ... [more] Full article


Employment Litigation Contributors

Michael Binetti

Michael Binetti

Affleck Greene McMurtry LLP

Michael Binetti, a partner of the firm, brings a proven litigation background plus extensive experience in arguing both trials and appeals. He has demonstrated his strategic legal capability and expertise in wide-ranging areas of litigation, including business and construction disputes, fraud, employment law, competition investigations, private competition actions, elections law and dealing with municipal and government regulators.

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Kenneth A. Dekker

Kenneth A. Dekker

Affleck Greene McMurtry LLP

Kenneth (Ken) Dekker, a partner of the firm, is a successful trial and appellate lawyer who is valued by his clients as a resourceful and practical litigation counsel. With more than 12 years of experience, Ken has appeared before all levels of courts in Ontario, including the Superior Court of Justice, the Divisional Court and the Court of Appeal for Ontario, as well as before the Supreme Court of Canada.

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Meredith Hayward

Meredith Hayward

Affleck Greene McMurtry LLP

Meredith has earned an impressive reputation for her skill and abilities in Commercial Litigation and Administrative Law, appearing at all levels of court in Ontario, before the British Columbia Court of Appeal, and before the Supreme Court of Canada.

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Masiel A. Matus

Masiel A. Matus

Affleck Greene McMurtry LLP

Masiel Matus consistently demonstrates strong knowledge and ability in the areas of commercial litigation, class action defence, employment and competition law. Masiel has provided diligent case management and litigation support in several complex litigation trials, making her a trusted and valued member of the Affleck Greene McMurtry LLP team.

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W. Michael G. Osborne

W. Michael G. Osborne

Affleck Greene McMurtry LLP

Michael is a respected and practised litigator who acts for and advises parties in a wide range of competition matters, a variety of commercial disputes, including contractual disputes, shareholders' disputes, commercial fraud, and employment matters, and also in administrative law and constitutional issues. Michael has been admitted as a Fellow of the Chartered Institute of Arbitrators (UK). Michael is a frequent contributor to newsletters published by the ABA's Anti-trust Section, The Litigator and often quoted by The Financial Post, The Lawyer's Weekly, Lexpert Magazine and other publications of interest to the legal community.

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