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EMPLOYMENT CONTRACT EFFECTIVITY: WHAT IF I GET TERMINATED BEFORE I EVEN START WORKING?

Employment Contract Effectivity

Most people think that an employment contract only starts on the first day of work. Of course, why shouldn’t it be? You technically start training, performing tasks, and doing all that your job entails on your first day at the job right? Did you know, however, that this is actually not the case at all? When a job is offered by your employer, and you accept that offer you are theoretically privy to an employment contract. This holds true whether it was presented through writing or through word of mouth. Employment laws in Canada states that “Absent an express contractual provision to...

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SEVERANCE PAY: ESA MINIMUM STANDARDS vs COMMON LAW

Severance Pay Esa Minimum Standards Vs Common Law

During the pandemic, a large number of people have lost their jobs due to economic regression and business closure. Hitting close to home, according to the Financial Accountability Officer (FAO) of Ontario, 355,000 jobs were lost in 2020 alone due to the pandemic. With the recent trend on unemployment, it is now more essential than ever for everyone to know what their rights are and further ask these questions about employment law, such as: What is the minimum severance if we were to be dismissed? And...

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Is It Time to Review My Employment Contract?

Review Employment Contract Toronto

If you have entered the workforce in your teenage years or after graduating College or University, you might have encountered an Employment contract with multiple pages of clauses and legal terms beyond your comprehension. And, just as most people usually do, you might have browsed through it, read the salary terms and vacation leave provisions and called it a day. To top it all off, it does not help that a human resource employee is right in front of you explaining the gist of your contract, while at the same time expecting you to read and sign within the day....

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Bill 184 Changes and Their Negative Effect on Tenants Part Three: Financial Impacts

Bill 184 Changes Landlord Tenant Issues Help Toronto Part 3

When it comes to the interference with ‘reasonable enjoyment’, landlords have the ability to claim compensation.  Pursuing an eviction can easily be done by a landlord if a tenant decides to interfere with the reasonable enjoyment of the residential complex. This includes all of the other lawful rights, privileges or interests of the other tenants and landlord. In retaliation, tenants have the ability to raise a human rights-type of defense against an eviction of this sort if the behaviour is related to a disability, for example.    As well as following eviction for the reasons stated above, landlords are also now able to...

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Bill 184 Changes and Their Negative Effect on Tenants Part Two: Undermining the Ability to Seek Justice

Bill 184 Changes Landlord Tenant Issues Help Toronto Part 2

The Impact of Alternative Dispute Processes If both the landlord and tenant eventually come to an agreement at the Landlord and Tenant Board, the case can continue to be resolved through an alternative dispute process instead of through a hearing or mediation. Adding onto the methods in which both parties can solve these matters has a positive impact, but it’s important before taking any drastic action that both landlord and tenant alike understand their legal rights. It’s important to know that there are certain protections for tenants that can only be given at hearings, and not accessible during mediation. We are...

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Bill 184 Changes and Their Negative Effect on Tenants

Bill 184 Changes Landlord Tenant Issues Help Toronto Part 1

Part One: Taking Away Protections   What is Currently Going On? Tenants can often come to an agreement with their landlord to repay what they owe over an extended period if they have fallen behind on rent. The best way for this to work out is by creating a realistic agreement with a hearing or mediation from the Landlord and Tenant Board. On the other hand, putting together a payment agreement without the board and instead directly with the landlord is not only unadvised, but can also hold a number of negative consequences. This especially makes itself known with the changes in Bill...

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RTA Changes And How They Benefit Tenants

Residential Tenancies Act Changes How Benefit Tenants

When it comes to renting a property, there are always two sides to the equation. The tenants are on one side, and the landlords are on the other. Recently, Bill 184 was passed as a RTA legislation. There are a few different changes brought on by this bill that address both sides. In addition, the proclamation also targets fairness and jurisdictional rules surrounding housing in the area. Oracle Legal Services wants to discuss each Landlord and Tenant Law and how they may affect you.  Jurisdictional Changes From Bill 184 The bill was initially thought to favor landlords in regards to post-move out...

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Common Landlord Legal Issues Faced In Ontario

Common Landlord Legal Issues Faced In Ontario

Renting a home is a complex process for both the property owner and the renter. In Ontario, there are many legal issues that landlords face that are as complex as they are absurd. Overall, the tenants have the most rights when it comes to rental claims, even if they are in the wrong. With the passing of Bill 184, which is currently Law, things get a bit more complicated. We here at Oracle Legal Services will discuss some of the common legal issues faced by landlords due to the changes in the law in the metro area.  Jurisdictional Problems Many people thought...

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Applying for Canadian Residency on Humanitarian and Compassionate Grounds

Canadian Residency Humanitarian Compassionate Grounds Application

Applying for residency in Canada is a complex process that requires proper documentation and adherence to the rules. Not everyone will be qualified to become a permanent resident. However, there are some who otherwise would be denied residency that may be approved on humanitarian and compassionate grounds. Below, Oracle Legal Services explains what this means in further detail. What Are Humanitarian and Compassionate Grounds? Humanitarian and compassionate grounds (H&C) are reviewed according to each case. Not everyone will be considered, and the circumstances surrounding the application must be exceptional. Some aspects of the application that will be considered are: A person's family...

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Constructive Dismissal

To put it simply constructive dismissal is where an employee is in effectively forced to quit by the employer as a result of the employer attempting to unilaterally alter the terms of the employment contract. A significant reduction in pay or hours, a change of duties, or a loss of job title and status are all potential triggers for a constructive dismissal. When an employer changes the nature of the employment so seriously that it effectively becomes a new job the law treats that the same as firing someone. They have “constructively” dismissed the employee. This prevents employers from using a...

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