Litigation | MacLeod Law Firm

What kind of legal costs can I recover at court? Small Claims Court edition

Nadia Halum — Fri, 07 Apr 2017 17:38:29 +0000

The losing party in a court case usually pays some of the winning party’s costs, but the costs that can be recovered in Small Claims Court are significantly limited by the Rules of the Small Claims Court and the Courts of Justice Act. Despite these limits, a judge recently awarded a losing party to pay the winning party $15,000 in legal costs in a Small Claims Court action. The judge in that case…

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Ontario Court of Appeal Upholds Decision to Reinstate Disabled Employee with 10 Years Back Pay: Will Human Rights Litigation Ever Be the Same Again?

Doug MacLeod — Wed, 15 Jun 2016 14:01:36 +0000

I predict a recent Ontario Court of Appeal (the “OCA”) decision will have a significant impact on human rights litigation. In particular, I suspect disabled employees will start asking employers to find or create alternative positions for them if they cannot perform their job duties because of a disability, and terminated employees will start asking adjudicators to reinstate them with full back…

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Avoiding Wrongful Dismissal Litigation: One Employment Contract at a Time

Doug MacLeod — Tue, 24 Mar 2015 13:55:19 +0000

Many wrongful dismissal cases are determined by the sensibilities of the judge who is appointed to the case. Some are employee friendly. Others are employer friendly. Consider the opening sentence of a wrongful dismissal case that was decided earlier this month: “Employment law is governed by the notion that the employer should not be able to use its larger power to unfairly gain an advantage over…

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Preventing Legal Fires: Employment Contracts, No Discrimination Policies and Disability Management Programs

Doug MacLeod — Tue, 11 Nov 2014 15:38:06 +0000

I have been providing employment law advice to employers for over 25 years. I provide preventive advice and I put out legal fires. When I provide the former services I am a solicitor and when I provide the latter I am a barrister. For various reasons, small employers are generally reluctant to pay a solicitor for preventative advice. In my experience, failure to do so can result in the employer…

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