Never a dull moment in commercial litigation
Maija Pluto says early into law school she knew she wanted to pursue a career in litigation because it provided an opportunity to exercise her analytical skills.
Blog
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OHRT takes stand against penalizing employees who take parental leave
The Ontario Human Rights Tribunal makes it clear in a recent case that employers cannot penalize employees for taking parental leave.
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Nude photo scandal not cause for termination of a contract
With morality clauses becoming more commonplace in the ‘post-Weinstein era,’ there could be increased litigation over what behaviour rightfully triggers the termination of a contract.
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Bullying a fired worker comes with consequences: Pluto
Bullying a worker after they have been fired in an attempt to thwart a wrongful termination suit can be a costly mistake.
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Gaertner Baron expands, adds new associate
Corporate and commercial litigation boutique Gaertner Baron Professional Corporation continues its expansion, adding civil litigation associate Maija Pluto. Toronto corporate, commercial and civil litigator Bruce Baron says Pluto, who joined the firm in June 2016, is an “extraordinary addition to our team and will enable us to offer more robust and cost-effective services to our […]
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Superior Court Decision Highlights Certificate of Pending Litigation Will Not be Granted Where Damages are a Satisfactory Remedy
A recent decision from the Superior Court of Justice reviews the equity principles a court may consider on a motion for certificate of pending litigation (“CPL”). In Sun Rise Elephant Property Investment Corporation v. Luu, the plaintiff sought an order granting it leave to issue a certificate of pending litigation on two properties (the “Properties”) […]
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Ontario Court of Appeal Clarifies When a Claim is Considered “Discovered” Under the Limitations Act
In Davies v. Davies Smith Developments Partnership, the Ontario Court of Appeal revisited the doctrine of discoverability. The appellant was a former partner in a construction business. The partners signed an agreement in June 2005, which called for the appellant’s equity and his share in the profits of various projects to be paid to him […]
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Regulated Health Professionals who are Employers Have an Obligation to Maintain a Professional Workplace
A recent decision of the Health Professions Appeal and Review Board serves as a reminder that health professionals who are also employers have an obligation to ensure that their workplaces are free of conduct that may be offensive to staff and considered unprofessional. In E.L.P vs N.S 2018 CanLII 1024 ON HPARB, the respondents, who were […]
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Roskaft v RONA Inc., 2018 ONSC 2934: Absence due to a Long Term Disability can Frustrate an Employment Contract
A recent Ontario Superior Court decision confirmed that an employment contract may become frustrated due to a prolonged long term disability leave. Frustration of a contract occurs when a situation arises for which the parties made no provision in the contract and performance of the contract becomes “a thing radically different from that which was […]
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Constructive dismissal – What is a “substantial” change to an essential term of the contract?
Nida Sohani of Gaertner Baron took a look at Constructive dismissal – What is a “substantial” change to an essential term of the contract? – and this is what she found: Under the Employment Standards Act, termination of employment occurs when: (a) the employer dismisses the employee or otherwise refuses or is unable to continue employing […]
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Gaertner Baron employment law success
Bruce Baron, our expert in employment law, is successful in his ‘wrongful dismissal’ summary judgment motion. The plaintiff was an employee, terminated by his long-term employer. Read about the case at the following link –> http://www.advocatedaily.com/case-is-shining-example-of-efficiency-proportionality-post-hryniak.html
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Bruce Baron, Gaertner Baron: Review from A. Douglas
“I am very grateful that Bruce Baron helped me with my case. Thanks to Bruce’s knowledge and expertise, I was successful in my claim with a very high profile and large corporation. I felt very much like “the little guy”. I had so many questions and he walked me through every step so I fully […]