Publications

The Finkelstein Case Demystified

This article first appeared in French as a blog-post on the website Conseiller.ca, and has been modified to account for the adjournment of the May 21, 2015 hearing.

Further to an adjournment on May 21, 2015, former lawyer Mitchell Finkelstein and four investment advisors have been summoned to a June 17, 2015 sentencing hearing before the Ontario Securities Commission (the “OSC”).

Continue reading

Administrative Suspension … Or Constructive Dismissal?

All employers have the power to terminate the employment of their employees; it derives from their power of direction and control. Some provisions of the Labour Standards Act contain guidelines for the exercise of that power and prevention of its abuse by employers. Thus, an employer who dismisses an employee without good and sufficient cause must give the employee reasonable prior notice or compensation in lieu thereof. Such dismissals are generally effected by a notice to the employee stating that their services are no longer required or will no longer be required after a certain date. However, employers will sometimes proceed much more subtly when they wish to sever the employment relationship with an employee. The term associated with that is “constructive dismissal”.

Continue reading