Scocco Law

Merry christmas from the Scocco Law team! 🎄☃️ Wishing everyone a happy and prosperous 2025! 🎇

Wishing you and your loved ones a joyful holiday season from all of us at the Scocco #Law team! As the year wraps up, we want to take a moment to thank our clients, colleagues, and friends for your trust and support. Your faith in us means the world, and we couldn’t be more grateful. We hope you have a very Merry Christmas and enjoy the festivities with those who matter most. 🎄❄️ We’re excited to continue serving your #legal needs in 2025 and beyond. Here’s to a bright and prosperous new year!

On December 12, 2024, the Ontario government launched a consultation for the development of the regulations under Ontario’s new Consumer Protection Act, 2023 (the New Act modernizes Ontario’s primary consumer protection framework and governs most consumer transactions in Ontario).

Court of Appeal Upholds Dufault v Town of Ignace Trial Decision : In Dufault v. Ignace (Township), 2024 ONCA 915 [25] the Court of Appeal dismissed the appeal by the Town of Ignace in seeking to overturn the trial decision which held that the termination clause was illegal and thus unenforceable . The Court upheld the trial judges decision that the clause was illegal because of the reasoning of the Court of Appeal in Waksdale v. Swegon North America Inc., 2020 ONCA 391. Of more importance is what they did not do : "Given our conclusion that the “for cause” termination clause of the employment contract is unenforceable as contrary to the ESA and that, pursuant to Waksdale, this renders all of the termination provisions unenforceable, it is not necessary to consider the appellant’s arguments that the motion judge erred in finding the “without cause” termination clause also unenforceable as contrary to the ESA, and we expressly do not rule on that submission. The appellant argued that the motion judge’s findings in relation to the “without cause” termination clause may affect other employment contracts. In our view, resolution of the issues the appellant raises regarding the “without cause” termination clause should be left to an appeal where it would directly affect the outcome. " My Comment: In my opinion the Court did what they should have done , which is not to comment on issues that would not have changed the outcome. From a practical point of view this means that the "sole discretion " and the " at any time " arguments will continue to be raised in future cases. For a copy of the case, email me at barry@barryfisher .ca To book a mediation go to www.barryfisher.ca To access the Wrongful Dismissal Database, go to www.wddonline.ca

When you start a new job, you’re usually handed an array of #paperwork – even digital-first companies still resort to paper for some of these items. They may include a copy of your #employment #contract that you had signed, information about how to claim #employee health benefits, and some opaque-sounding booklet known as an employment manual. While job-specific training may be given one-on-one or in small groups, these employee manuals often apply to the whole #company and, at first glance, often sound very generic. Of course, you know not to miss work, not to come into the office in a bathing suit, or not to let strange visitors onto the premises. You probably haven’t taken a close look at your employment contract either. The longer that it is, the more it just looks like…well… “#legalese.” You’re happy to work off of the terms that you agreed upon with your #employer before starting, and all the rest are simply formalities. Right? Not quite. To learn more, click the link below to read Scocco Law's latest #blog! https://lnkd.in/dkH9T5UP

Is a Plaintiff/Defendant by Counterclaim barred from obtaining security for costs? No, where the countrtclaim introduces issues that go beyond simply a re-statement of its defence in the main action it is possible to obtain security for costs. [21] ... Whether a plaintiff by counterclaim should be ordered to post security is a relevant factor for the court to consider in exercising its discretion .... The court should consider whether or not the counterclaim is in substance a reiteration of the plaintiff by counterclaim's defence to the main action and if it is, the court may exercise its discretion to deny the motion by the defendant by counterclaim that the plaintiff by counterclaim post security for costs or qualify the amount of security to otherwise be posted ... .  2455993 Ontario Inc. v. Solace Is Comfort Inc., 2024 ONSC 6930 (CanLII), <https://canlii.ca/t/k8bmc>

It was a plasure attending the Canadian Italian Advocates Organization (CIAO)'s 40th Annual Festa Di Natale! What an incredible night of fun! Wishing all our friends and family a Merry Christmas, Happy Holidays and a Happy New Year! 🎄 #litigation #litigationlawyers #scoccolaw #consumerprotection Tags: Clayton Shum Mustafa Paiz Rocco Giordano Scocco

"When an employee sues their former employer for wrongful termination, their claim is usually for what is known as ‘common #law notice.’ This amount is roughly a judge’s estimation, given that person’s circumstances, of how long it will take them to find comparable new work. Determining this amount is an art, not a science. While there is a common misconception of a ‘1 month per year of service’ rule, that has never been the law. A court will review an employee’s age, how long they were with the employer, the nature of the work they were doing, the current job market, and other factors to make their determination. Employees can claim other amounts in their Statement of Claim as well, such as damages for breach of the Human #Rights #Code if there was human rights discrimination present. In extreme circumstances of employer bad behaviour, employees may also be able to claim additional funds in the form of aggravated or punitive #damages. What kinds of situations would give rise to #aggravated or #punitive damages? Well, how about falsely accusing an employee of murder…" Scocco Law's latest #blog post is about a case where the Judge awarded the employee $50,000.00 for aggravated damages and an additional $50,000.00 for punitive damages because of the "malicious and outrageous" conduct of the employer. https://lnkd.in/dS_HS_3u

🎄 LAST DAY TO PURCHASE TICKETS!! 🎄 CIAO Festa di Natale - 40th Anniversary - December 6th, 2024 REGISTER TODAY: https://lnkd.in/g3FnNpRV

The realm of #equity and #trusts often intersects with #tort #law, particularly through the #doctrines of knowing assistance and knowing receipt. These doctrines play a crucial role in addressing the wrongful conduct involving the misappropriation or misuse of trust #assets.   Scocco Law Professional Corporation's latest #blog written by Clayton Shum will provide an overview of these torts, their #legal foundation, and how they apply.   https://lnkd.in/dD-Jt4YR