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In Ontario, the amount of severance pay under the employment law is given in Ontario by Employment Standards Act (ESA), [12] which is also explained in 'Your Guide to the Employment Standards Act's Severance Pay Section'. [13] The amount of severance pay under the employment law in Ontario may be calculated using the tool from Ontario ...
The common law dictates how much reasonable notice an employee is entitled to. [8] In this regard, the length of reasonable notice depends on a number of factors, best described by McRuer CJHC in the 1960 Ontario decision of Bardal v Globe & Mail: [9] There could be no catalogue laid down as to what was reasonable notice in particular classes ...
A contract may state a period of notice which either/any party is required to give to the other contractual parties. The contract between Winter Garden Theatre (London) Ltd. and Millennium Productions Ltd., which gave rise to a 1948 legal case, stated that Millennium would have to give a month's notice if it wished to terminate, but Winter Garden's obligations were not stated.
The section is also known as the reasonable limits clause or limitations clause, as it legally allows the government to limit an individual's Charter rights. This limitation on rights has been used in the last twenty years to prevent a variety of objectionable conduct such as child pornography (e.g., in R v Sharpe ), [ 1 ] hate speech (e.g., in ...
Honda Canada Inc v Keays, 2008 SCC 39, [2008] 2 SCR 362 is a leading case of the Supreme Court of Canada that has had significant impact in Canadian employment law, in that it reformed the manner in which damages are to be awarded in cases of wrongful dismissal and it declared that such awards were not affected by the type of position an employee may have had.
The burden of proof lies with the employee, who must demonstrate that the working conditions were so intolerable that a reasonable person in their position would feel compelled to resign. Canadian law also acknowledges constructive dismissal when an employer unilaterally changes the terms and conditions of employment to such an extent that the ...
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The right to reasonable bail was examined in R. v. Morales (1992) when a person was denied bail under section 515 of the Criminal Code, which allowed detention where it "is necessary in the public interest or for the protection or safety of the public, having regard to all the circumstances including any substantial likelihood that the accused ...