Civil Law

Employment Law

In a unionized workplace, employee and management rights are governed by the collective agreement. Disputes between employees and management are resolved through a grievance procedure.  Unionized employees, if dismissed or disciplined must use the grievance procedure in the collective agreement and cannot normally file a claim in court.

For non-union employees, employment is a contract between the employer and employee. If the employment is terminated without just cause, the employee is entitled to notice that the contract is to be terminated.  The employer can elect to pay the employee upon termination a sum of money in lieu of notice if the employer does not wish the employee to remain during the notice period.
There are minimum requirements for notice and severance. For federally regulated industries such as airlines, banks, and railways, the Canada Labour Code sets out the minimum requirements.  In Ontario, provincially regulated industries are covered by the Employment Standards Act.   You do not have to sign any release or agreement in order to receive your statutory entitlements. Do not sign any document until you have consulted with D. Ian Kilgour.

The statutory requirements are a minimum standard. Unless there is a written employment contract setting out the notice periods, or pay in lieu of notice, an employee can proceed to court to claim for damages for breach of the employment contract. The courts take several factors into account in determining their awards including length of service, whether the employee was recruited from another job, availability of work in the industry, age of the employee, and the position held by the employee. Any settlement received is subject to statutory deductions as it is considered income.

If termination is for “cause” then no damages are awarded.  Just cause for termination includes, dishonesty, conflict of interest, workplace violence or other illegal activity.
If you are an employer or employee, it is important that you contact D. Ian Kilgour for advice when an employee is to be terminated.  He has the experience to be able to be able to give advice on the various options that are available to resolve the issues arising out of a termination.

There may be circumstances where you may be entitled to compensation even if you resign your position.  If the environment at work is oppressive, or if your job title and responsibilities have been changed, you may be able to claim that the employment contract has been breached and that you are entitled to damages for “constructive dismissal”.  Make sure that you contact Ian prior to deciding to resign to get advice on whether you can claim that you were “constructively dismissed”.

Contract Disputes

Mortgages, leases, loan agreements, insurance contracts, sales contracts, service agreements, insurance contracts, carriage of goods, are all examples of contracts.  If the terms of a contract are in dispute, it is important that the parties receive legal advice.  There can be substantial damages awarded if a party in found to be in breach of a contract.  D. Ian Kilgour is experienced in reviewing and interpreting agreements and can advise you of your legal rights and options under the contract. He is experienced in litigation and will fight for your rights under the agreement.  If you are being sued for breach of an agreement, contact Mr. Kilgour right away.  There are deadlines for responding to a claim and it is important that your rights are protected. Ian will advise you of possible defences to the claim and any possible counterclaim.  Currently the Ontario Small Claims court has jurisdiction over claims up to $25,000.00.  Claims up to $100,000.00 are dealt with in the Superior Court of Justice under Simplified Rules.

Personal Injury Matters

Automobile accident cases in Ontario are generally governed through the Ontario no fault benefits plan. There are time limits and forms to be submitted. Contact D. Ian Kilgour to ensure that you get the benefits that you are entitled to.   Serious permanent injuries can be pursued in the courts to claim for lost income, pain and suffering, care giver expenses and other damages caused by the injury under the Family Law Act. In addition, family members may be able to bring a claim for their loss of companionship. It is important that you have experienced, aggressive, and compassionate counsel to obtain the funding that you require and deserve.  

Occupiers’ Liability

The occupier of a property has an obligation to keep the property in a safe condition and can be liable if they allowed the premises to be unsafe causing injury. In Canada many injuries are caused by owners or tenants failing to clear snow or ice.  If you are injured on government property, you have very strict time limits and it is crucial that you call D. Ian Kilgour right away.

Estate Disputes

When a family member dies, there is often a great deal of uncertainty over how the estate is to be decided, particularly when there is no will.  In many cases assets are taken or distributed without regard to the Succession Law Reform Act or Family Law Act. In some cases, trustees will improperly deal with estate assets for their own benefit. When a spouse or parent dies it is important that you contact Mr. Kilgour to receive advice about your entitlement to the estate and to seek an order from the court if the estate assets are dealt with improperly.

Injunctions

A court can grant an injunction preventing a party from further wrongdoing or ordering a party to perform an action.  It is extremely important that you proceed to court as quickly as possible in order prevent permanent loss or damage. 

Limitation of Actions

In Ontario there is a two year time limit to commence an action after the “cause of action” has occurred.  If you are owed money, or if you have suffered an injury, you may lose your right to sue for damages if you have delayed too long in commencing an action.  There is no time limitation for pursuing child support as child support is the right of the child however the court may not allow a claim for retroactive support if you have delayed for too long. There are time limitations for pursuing an equalization of net family property under the Family Law Act.  Contact D. Ian Kilgour to ensure that you do not miss any “limitation periods” and lose your right to have your case heard by the courts.