Jonathan’s Jots

I would like to comment on the sad (in my view) Cho v Cafe La Foret decision from the BC Supreme Court. Cho was the head baker at the cafe. He did not have even a brief written contract with the employer Cafe La Foret. Ms. Lee was a younger

Normally, an ex employee or his or her lawyer is not allowed to put in a Statement of Claim, anything about an offer to settle made by the defendant employer. The reason is that the courts want parties to exchange offers and they do not want the parties to worry

Justice Perell just released an interesting/sad wrongful dismissal case that considered several issues, including the one listed above. In the case of Sonia Gracias v Dr. David Walt Dentistry the court followed several other Ontario cases and found that CERB income should not be equated with mitigation income. This means

Now that the Ontario Court of Appeal decided the one outlier Taylor case on procedural, versus substantive, grounds, we are left with a landscape whether there are three or four decisions saying ” a lay off remains a constructive dismissal at common law” and one case going the other way.

It is rare in criminal law to see a 9-0 ruling by the Supreme Court of Canada. That court issued such a criminal ruling recently regarding parole eligibility criteria for multiple murder convicts. The essentially ruled against “stacking” so that there was no real effect on parole from multiple murders,

There are certain types of criminal offences that require “specific intent” to commit them rather than “general intent.” Figuring out which is which has taken decades of jurisprudence. Regarding “specific intent” crimes there had been a defence of automatism for many years; basically that the accused was so “out of