Enforceability of Termination Clauses in Employment Contracts – Trending towards Clarity, or More Uncertainty?

It is a fundamental rule of labor laws in Toronto that workers fired without cause are assumed to be qualified for common law reasonable notice of termination unless unmistakably consented to a different notice period, normally through a termination clause in an employment agreement, that does not damage the statutory minimums recommended by the Employment Standards Act, 2000 (the “ESA”). One issue that Labour lawyer in Toronto often times bring up is whether the parties obviously consented to a notice period that displaces a worker’s assumed qualification to customary law sensible notice.

labour lawyer in toronto

The January 2018 choice of Nemeth v Hatch from the Court of Appeal for Toronto seemed to clarify how courts should treat this issue:

All things considered, the end proviso read [emphasis added]:

The Company’s arrangement as for termination is that work might be ended by either party with notice recorded as a hard copy. The notice time frame will add up to a multi-week of the time of administration with at least a month or the notice required by the relevant work enactment.

The Court of Appeal inferred that (a) this statement obviously prove a purpose to uproot the assumption of customary law sensible notice, and (b) the provision did not violate the ESA’s statutory minimum. It was an enforceable termination clause.

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Recently, a recent judgment of the Divisional Court seems to have limited the extent of principal from Nemeth. In Movati Athletic (Group) Inc. v. Bergeron, the business offered a rundown judgment choice in which the movements judge held that the accompanying end provision was unenforceable in light of the fact that it didn’t plainly uproot the worker’s assumed qualification to custom-based law sensible notice:

The Divisional Court rejected the plea. The court concurred with the movements judge that the language in the end statement was questionable and did not dislodge the representative’s assumed a privilege to custom-based law sensible notice. The Movati termination clause was substantively like the Nemeth termination, aside from it gave that the business could give pay in lieu of notice “pursuant to” the ESA, rather than “the notice required by” the ESA in Nemeth. Labour lawyer in Toronto considered this to be an important difference:

labour lawyer in toronto

Further, the court concurred with the labour lawyer in Toronto that the proviso was uncertain – the expression “for the minimum time frame required by the Employment Standards Act, 2000” in the clause could either apply just to benefits continuance or pay in lieu of notice and benefit continuance. Since ambiguities must be settled for the representative, the Divisional Court reasoned that the motions judge made no unmistakable or abrogating blunder.

The Employers and the employee counsel should observe this notice, which seems to refine the approach in Nemeth. While termination isn’t required to hold or specific words to uproot the assumption that the precedent-based law applies, its language must proof an unmistakable aim to dislodge the assumption. Labor law experts based in Toronto will be the most helpful person in these types of cases. You should contact a labor law expert where you live in Toronto. Continue reading about Labour lawyer in Toronto!

Why the need to hire Personal injury lawyer Brampton has arrived?

At many places, Dogs have seen to be known as Man’s Best friend because they are considered as the loyal, cute and most incredible animal in the world. They are most likely to be kept as a pet at home. People find them a very loving creature around the world and this is the biggest reason dog lovers are increasing day by day. On the other hand, some people are really scared of dogs and can’t stand around them.

When you adopt a pet dog, you let them become a part of your life and home. You treat them as your family members and take care of them in the best manner possible. But in some cases, not all the dogs are well trained. Their action-reaction in any situation is uncalculated. With the increase in dog attacks the reason for Personal injury lawyer Brampton are also increasing.personal injury lawyer brampton

A dog attack is a personal injury caused to any of its victims. A Personal injury lawyer Brampton is present for such people. They have decided to help all those people and their families to recover from the attacks injury fighting for them to provide compensation against such an act. You just need to hire them for your case.

It is not easy to deal with any sort of dog attack. Such types of attacks by dogs can cause severe injuries to the victim. Such cases not only comprise of physical injuries to the person but it has been seen that people also suffer from psychological injuries as well, which involves PTSD and fear of dogs by the victim. As dogs can be found anywhere in the societies, the psychological level of injuries from the dog attack can extremely affect the quality of one’s life. Catch more insights by clicking here!

For presenting a safe environment for the people of Ontario, their government has passed an act which describes that the liability for such dog attacks is governed under the Dog Owners Liability Act, R. S. O. 1990, and c.D.16. A strict liability regime has been implemented by the legislation of Ontario which says that the owner of the dog will be put liable for any of his/her dog attack causing injuries to others. The victims do not need to prove that the owner was known about his dog’s propensity to attack and have neglected it beforehand. But the compensation can be decreased in some cases if the victim of the attack has been found provoking by his actions to the dog.

brampton personal injury lawyers

Here are some useful steps to be taken after you have been attacked by the dog:

  • First and the most important step is to go for medical treatment of your injuries
  • Than go and report about your dog attack incident to a nearby police station
  • Identify the owner of your dog attack case and gather his/her contact information and other detail about them
  • Next is to gather all the evidence related to your case
  • Finally you are ready to contact a personal injury lawyer for your case

All important steps have been taken, now leave everything to your Personal injury lawyers Toronto.


What are the types of Work Permits in Canada?

work permit lawyer

Canada always welcomes immigrants. To help gifted immigrants progress to their job, the country has produced over 70 immigration alternatives.

If you aspire to move to Canada, your first step should be submitting an application for a Work Permit. When you ask a Work Permit Lawyer about it, you will get to know that there are several types of work permits assigned by the government of Canada, based on the profession and motive for entering the country provided by the aspirant. Your type of Work Permit will reflect the purpose for which you are entering the country. For example, for a job which is well paid and unionized, and will last in a fixed amount of time, one should apply for an Employer Specific Work Permit.

A Canadian Work Permit represents—the employer, you will work for, the type of work you will do, the locality where you will work and the amount of time you will legally work in the country.


Type of work permit that Canada has

Canada offers two sorts of Work Permits; these are the Open Work Permit and the Employer Specific Work Permit. Your job will fall under any of the two categories depending on your qualifications and occupation.

All about an Open Work Permit

The immigrants who work for their company for a definite amount of period are provided with this sort of Work Permit. It is issued from the immigration Office by a Work Permit Lawyer.

Open Work Permits (OWP) are further subdivided into two subcategories namely Unrestricted and Restricted Permits. The Restricted Permit restricts you from working in the sort of profession and location that you want; it assigns a specific area for you to work in and hence doesn’t offer you with much freedom. On the contrary, with Unrestricted Permit, one can get authorization to work at any location and in any occupation.

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List of Work Permits which are considered to be Open Work Permit by the Canadian government-

  • Temporary Work Permits for Spouses or Partners;
  • Post Graduation Work Permit;
  • Temporary Resident Permit;
  • World Youth Program Permit;
  • Atlantic Immigration Pilot Program Spousal Permit;
  • Regular Open Work Permit; and
  • Birding Open Work Permit

List of Visa Programs that demand Open Work Permits-

Without having an Open Work Permit, an immigrant cannot take advantages of certain services as there are a number of visa programs that ask for Open Work Permits from the immigrants. These Visa programs are –

  • Working Holiday Visa;
  • Young Professionals Visa;
  • International Experience Canada;
  • Federal Skilled Worker Program;
  • Canadian Experience Class;
  • Federal Skilled Trades Program;
  • Provincial Nominee Program; and
  • International Co-Op Program

canada work permit

For individuals who want to work in Canada while waiting for the result of their permanent resident application, there is an exceptional type of Work Permit. It is named as Bridging Open Work Permit. Applying for the permanent residence programs with the help of Work Permit Lawyer, you can qualify for this Work Permit. You can apply for it only if you already reside in Canada. You cannot apply for it if your work permit has employment restrictions.

Know the Right Way to Choose the Best Immigration Lawyer

toronto spousal sponsorship lawyer

According to the survey, Canada is emerging to be the most popular destination for immigrants. People, from countries like India, Bangladesh, New Zealand etc., move to Canada for professional and personal development. Don’t halt your dreams if you want to settle your future in this country.

The entire journey is easy but intricate. Following the right trails can take you to the streets of Canada within a few months. In order to walk on the correct path, you need to work with a Toronto spousal sponsorship lawyer. A lawyer would do all the official works for you to have a smooth transition during immigration.

However, picking the best lawyer adept in this department is a bit daunting. Choosing an unprofessional and incompetent attorney can reduce your dream to nothing. To help you with the process, here are some pragmatic tips while choosing a Toronto spousal sponsorship lawyer:

immigration lawyers

First Things First: Know What to Do

  • Opt for the One who Speaks Your Language

Communication is a powerful thing for this process. Due to several reasons, the need to clear communication becomes a necessity. The process of immigration becomes way easier if you are able to follow up with your lawyer.

Therefore, it is always recommended to hire a lawyer who speaks & understands your language. This tactic streamlines the process and keeps you and the attorney of the same boat. Needless to say, you can develop a better understanding of legal nuances by implementing this hack.

  • Confirm His Area of Specialty

A general physician can never play the role of cardiology for diagnosing a patient with heart disease. Likewise, no ordinary lawyer can deal with the case of immigration. Immigration lawyers solely focus on immigration law and associated areas.

The professionals in this field dedicate their years in understanding the law. Moreover, immigration laws keep on changing based on the provisions of state and federal governments. Hence, rope a Toronto spousal sponsorship lawyer who exercises this department solely. To clear your confusion, you may also ask for his certifications and licenses.

immigration lawyer

Now Know: What not to Do

  • Deciding Without Comparison

People in haste often ignore this aspect. Do not do the same. Always opt for multiple bids to get hold of the best lawyer. Compare and contrast the options before settling for one. It is not to deny that working with an immigration attorney takes a good amount of time and investment.

  • Not Considering the Total Cost

Pricing is an important consideration when it comes to immigration. The process of immigration entails a substantial amount of sum. So, it is of utmost importance to take the entire cost into consideration. Before, you decide on the Toronto spousal sponsorship lawyer, seek a draft having breakups for overall expenditure. This is a prompt way to undermine any sort of hidden charges and fees. If you take care of this factor, the end result will be certainly rewarding.

Always remember, having the right Toronto spousal sponsorship lawyer makes all the distinctness. Apart from these points, also count on the experience to increase your chances of going to Canada. Perform a little research online to choose the best from the rest.

Visit immigration lawyer toronto expert:

Business: Ronen Kurzfeld Immigration Lawyer Toronto
Address: 110 Sheppard Ave E Suite #630, North York, ON M2N 6Y8
Phone: (647) 490-2033
Website: https://www.immigrationway.com

3 Prime Reasons to Get a Divorce Lawyer Today

Divorces are rarely easy. At times, marriages that end early and on mutual consent don’t require the assistance of an Oakville divorce lawyer. However, divorces that involve children, conflicting spouses, the issue of property distribution, etc. are often messy.

In such cases, when emotions are sensitive and the capabilities of decision making are muddled up, it is vital that one has a reputed divorce attorney by their side. A lawyer can help one understand the requisite steps for a divorce, and ensure the protection of rights the correct way.

On this note, check out the many reasons to hire a divorce attorney when undergoing a bad annulment.

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  1. Stress Reduction

Divorce is a stressful phase for families. With emotions all over the place, one is often neglectful and obvious of potential consequences of a divorce including one’s right. Hence, worrying about property divisions, payments, etc. can add on to a distraught person’s stress. This is why it is necessary to hire the assistance of a reputed Oakville divorce lawyer.

H/she can find the right information for you, along with helping you frame the correct documents if the case goes to court. Further, your divorce attorney can take care of all the legal issues that can potentially arise and help you cope with the loss on your own. This works to reduce additional stress that can arise due to a bad divorce.

divorce lawyers in Oakville

  1. Professional Advice

The State Laws in most cases do not support an even distribution of resources. Hence, often without the assistance of a Oakville divorce lawyer, one party can be manipulated and deprived of required resources. Moreover, due to the increased sensitivity often warring parties during divorces cannot fight for their respective rights the correct way.

This is where a professional divorce attorney can help. H/she will study the case, and with a sound mind will ensure that the client is not deprived. Issues like assets and future assets, child and pet custody, substantial income, required payments, etc. will be supervised carefully by a lawyer. H/she will then make sure that the client receives his/her portion without being fooled.

divorce attorney

  1. Avoid Mistakes

Mistakes during a divorce are of two types. Either people get overwhelmed in their emotions and end up making mistakes, or they fail to understand the complicated procedure of a legal proceeding and end up with errors. Now, suppose a person makes an error like forgetting to issue a credit and debit card bill or overestimating the price of a resource, etc. this can lead to further legal proceedings or high fines.

Therefore, it is wise to hire the services of a Oakville divorce lawyer. A lawyer who is aware of mental intensifications will ensure that h/she looks after divorce proceedings. From filing the right forms to arranging documents, and understanding options an attorney does it all.

Well, there you go, now that you know the importance of a Oakville divorce lawyer, don’t face annulments alone. Make sure to invest in a reputed lawyer who understands your predicament and walks you through a bad divorce with ease.

Will Hiring a DUI Lawyer Benefit You Under a DUI Charge?

Driving under influence is one of the most common cases that millennials are charged within Canada and beyond. The reason is the youth who are warm-blooded, and has a daredevil approach at life often carelessly drink before considering the outcome.

As a result, often they end up plunging headfast into an accident, or by a stroke of bad luck, are contained by the State police and made to undergo the breath test. In any event, the moment alcohol is traced in their bloodstreams the police convicts them of a DUI charge. Sadly, most defendants do not opt for DUI Toronto lawyer and instead go with a private or public defender.

This at times isn’t feasible and ends up complicating a DIU charge. Thus, in this article are few given factors that discuss why it is in a person’s best interest to consult a Diu lawyer?DUI LAWYER IN Toronto

  1. Cases Which Question the Need of a Lawyer

For any newbie dealing with the legal case, it is important to know that prosecutors everywhere provide a  standard first-offense plea offer to first time DIU offenders. This plea helps reduce a potential sentence if the offense does not involve catastrophic incidents like accidents, or deaths.

Thus, first-time offenders can often overlook the need for a DUI Toronto lawyer in the case, the standard offer complies with the defendant’s needs.

However, in case you go up against an experienced attorney, then h/she can whittle down the standard offer and show multiple shortcomings in your case, thus making you a convict.

Therefore, if the defendant doesn’t have a feasible defense option, then it is best to get an attorney to check the standard plea deal. Further, your experienced DIU attorney can help provide countermeasures to evade the statements of opposing attorney. As a result, with expert help, your name won’t be tarnished.

  1. Public Defenders

Most criminal defendants get the right to an attorney, and in case, you don’t have one the court offers the assistance of a public defender. Now, these public defenders are good in their game, as they’ve likely handled numerous DIU cases. However, these public defenders are already juggling various cases, and hence, won’t put their best efforts into saving your neck.

At such times, if you cannot afford to lose, hiring a DUI Toronto lawyer is in your best interest. This lawyer can go through your case and frame out effective points in your favor to reduce the sentencing.

dui lawyer

Should Then a DIU Lawyer be Hired?

Considering the pros and cons of the various situations, hiring a DUI Toronto lawyer is probably in your best interests. DIU laws are constantly changing, and only a certified lawyer can help you understand the court proceedings of a case. H/she will further, help explain jail time, potential fines and assist you in ways to get out of the case.

Additionally, your DUI Toronto lawyer may be aware of DIU matters inside and out which a public defender might not know. As a result, he/she can assist you in getting better representation.

So, in conclusion, while it may cost you a bit, getting a lawyer is one way to clearing your name, saving your license, job and life.


Things to Consider When Your Visa Application is Rejected

Refusal of visa application is a common phenomenon. It may happen with you too. However, that doesn’t shatter your dream to make it to Toronto in any way. A professional Toronto immigration lawyers providing guidance can help you to do away with the ado.

It usually takes several weeks to make yourself ready for the application process. So, the sudden rejection can be a cause of sheer frustration. However, it is to be understood that the success rate of visa approval is associated with multiple aspects. So, before you jump to remedial solutions, first unlock the causes that lead to rejection.toronto immigration lawyers


  • Missing documents
  • Inadmissibility
  • Forgery
  • Providing incorrect details

People generally face these problems when they don’t have the guidance of a skilled Toronto immigration lawyers. Unfortunately, if you end up with the same consequences, it may result in outright rejection.

Nevertheless, you can still pursue your dream of going to Canada. Read on:


Generally, there is no formal process of appealing if your visa application gets rejected. The only solution is to re-apply. The process of re-application entails high expertise. So, you must take the help of the best Toronto immigration lawyers to keep a strict eye on every step.

In short, with proper supervision, it is feasible for you to apply again unless and until you didn’t receive any decision letter from the government. In order to make this effective, you should furnish all data and documents and that too as early as possible. Submitting an application earlier will ward off the risk of failing the important deadlines.

Below are a few options which you should consider after your application is rejected:

  • You may appeal the refusal case to the Federal Court within a definite tenure.
  • Based on the eligibility ground, asking for Restoration to the Case Processing Centre can also make an option.

immigration lawyers in Toronto

The aforementioned solutions are based on general conditions. In reality, several other options are available. To get a hold of them, you must hire a competent Toronto immigration lawyers. You can fetch proper assistance that is required to solve the complexity related to the entire application process. Some of the major benefits you can have are:

  1. A qualified lawyer from a reputed firm will take care of the entire procedure; from the start to the end.
  2. He will also introspect in order to find out what went wrong during the last time.
  3. Recognizing the bottlenecks, he will make necessary changes to fix them all.
  4. The lawyer will also thoroughly check to spot any error in the form.

immigrATION attorney

Thus, you can entirely rely on your lawyer to reestablish your dream of going to Toronto.

Closing Thought

It is easily understood that a lot depends on an Toronto immigration lawyers. Therefore, to increase your chances of getting approval, it is always advisable to reach a leading lawyer with years of proven expertise. Do a little research before settling for a lawyer.

For more information about visa application process and to find an expert Toronto immigration lawyer for Canada visit here:

Business Name: Ronen Kurzfeld Immigration Lawyer Toronto

Address: 110 Sheppard Avenue East Suite #630, North York, ON M2N 6Y8

Phone: (647)490-2033

Website: https://immigrationlawyertorontofirm.ca