Full Decision In this case the court considered the effect of a termination clause which provided for termination without notice in case of a breach of confidentiality or conflict of interest. Material facts The defendants operated a dental surgery practice in the GTA. Both doctors are now retired. The plaintiff was the receptionist since 1990. Her employment was terminated on April 30, 2020. Her annual …
Antonio Meringolo
Antonio is a litigator with Lemieux Law. His practice focuses on motor vehicle accidents, accident benefits, occupiers’ liability, personal injury, long-term disability, wrongful & constructive dismissal, CPP disability, human rights, general litigation and WSIA Appeals. When Antonio is not practicing law, he enjoys playing hockey, working on cars, and visiting family in southern Italy.
Nelson (City) v. Marchi, 2021 SCC 41 (CanLII)
In this case, the Plaintiff was attempting to access a business, but the snowbank created by the city blocked her route to the sidewalk. She decided to cross the snowbank and seriously injured her leg…
A.J. v. Security National Insurance Co., 2021 CarswellOnt 6104
The Applicant was injured on or about May 27, 2016, and sought benefits pursuant to O. Reg. 34/10 effective September 1, 2010. The Respondent, Security National Insurance refused to pay for specific benefits, including an award pursuant to Regulation 664, interest, and costs…
Waksdale v. Swegon North America Inc., 2020 ONCA 391
In this case, the appellant employee brought an action for wrongful dismissal and moved for summary judgment seeking common law enhanced pay in lieu of notice. The core issue was the interpretation and application of the employment contract. In particular, a termination style clause which restricted pay in lieu of notice to ESA minimum entitlements…
Battison v. Microsoft Canada Inc., 2021 ONSC 1341
In this case, refusal to provide ‘costs estimate’ with R 49 Offer to Settle, disentitled Plaintiff to Substantive Costs Award post-trial-victory…
Peter B. Cozzi Professional Corporation v. Szot, 2020 ONCA 397
In this case, entitlement to After-The-Event Legal Protection Insurance Policy funds Awarded to the Insurer.