CIVIL LAW AND CIVIL LITIGATION
Irving Solnik, arguably one of the best fifty year Toronto veteran lawyers among other such veterans who continue to practice law is the founder of the Law Firm of Irving Solnik PC has over five decade of successfully practicing virtually all areas of law including personal injury, motor vehicle, accident law and product liability law.
He is a tough and fearless lawyer who always does what it takes for his clients and thrives on the most difficult cases. His offices are open until10pm seven days a week and he can be reached at 416-222-8509 or 1-800-557-0678 toll free until 10 pm evenings and weekends too.
When you need a lawyer with the experience and skills there is only one to call-Irving Solnik. He is awesome in the courts and at the negotiating tables.
He writes:
Action arises that demands assertive legal action.
Whether a dispute arises over compensation for a car accident, personal injury sustained as the result of someone else's negligence, a real-estate deal that has gone sour or any number of issues that may arise in the course of doing business, our civil litigation lawyers in Toronto are prepared to handle the intricacies and challenges of your case.
When you retain the services of The Law Offices of Irving Solnik Professional Corporation - one of the civil litigation law firms in Toronto-we will carefully craft an argument to help resolve any conflict that requires legal action. Our civil litigation lawyers in Toronto have thorough knowledge of Ontario law and will represent you with the utmost degree of professionalism and expertise.
The legal system is often intimidating for those unfamiliar with how it works. Most individuals are not only unprepared to handle the procedural aspects of the Ontario court system, but lack a complete understanding of law; this makes it extremely difficult, if not impossible, for individuals to develop a strong case for their position.
At the Law Offices of Irving Solnik Professional Corporation, we will help you craft a case that fully utilizes the law and powerfully articulates your position within the law.
When you are involved in a dispute where substantial time has been spent trying to reach an agreement to no avail, the situation demands tough legal action from experienced civil litigation lawyers in Toronto. Contact The Law Offices of Irving Solnik Professional Corporation today at (416) 222-8509 or(800) 557-0678 toll free for the aggressive legal representation you need for your situation.
Toronto lawyer Irving Solnik, arguably the best Toronto lawyer (Osgoode Hall Law School), (University of Toronto) has many years of successful experience in most areas of law including civil litigation.
Whats more he is an expert in all types of debt and other collection matters. He provides tough representation and proven results, effective and cost efficient advice and strategies in all debt collection matters.
Call him at 1-800-557-0678 toll free or 416-222-8509 to discuss whether he can accept instructions to act for you in connection with debt collection matters. He can provide his legal expertise and fees on a time and/or flat fee or a percentage basis.
Irving Solnik provides efficient and effective legal solutions for recurring debt recovery clients, including the collection of unpaid accounts receivables, rent and dishonored cheques, promissory notes and all other financial instruments involved in money owing and debt collection.
To avoid or minimize your exposure to and risk of loss, Irving Solnik also provides legal risk assessment through the consideration of your standard contracts, documents, practices and procedures. This can include the consideration how to obtain security for such debts and liabilities.
Irving Solnik and his staff at the Law Offices of Irving Solnik PC can be reached at 1-888-557-0678 toll free daily, evenings and weekends too until 10pm.
Irving Solnik is the best at what he does as arguably the best Toronto lawyer and he has over five decades of practicing virtually all areas of law-business and personal. His practice included taxation, family law, custody and all related issues for divorce and family law, immigration law, medical/dental malpractice law, libel/slander law, tort law, all civil and criminal law.
The areas of above are only such of the areas of law and are not meant to be all inclusive. There are many more areas of law Irving Solnik practices and are ready available on request.
PERSONAL INJURY AND MOTOR VEHICLE ACCIDENTS LAW LAWYER
Irving Solnik, arguably the best Toronto lawyer and founder of the Law Firm of Irving Solnik PC has over five decade of successfully practicing virtually all areas of law including personal injury, motor vehicle, accident law and product liability law.
He is a tough and fearless lawyer who always does what it takes for his clients and thrives on the most difficult cases. His offices are open until10pm seven days a week and he can be reached at 416-222-8509 or 1-800-557-0678 toll free until 10 pm evenings and weekends too.
When you need a lawyer with the experience and skills there is only one to call-Irving Solnik. He is awesome in the courts and at the negotiating tables.He writes:
Sustaining a personal injury as the result of someone’s reckless disregard or negligence can be a frightening and devastating experience.
Not only do you have to deal with mounting medical bills and time missed from work, but you must also deal with poor health and a shaky financial future.
In Toronto, personal injury victims are entitled to recover damages from the party responsible for their injury whether the injury was sustained in a car accident, as a result of medical malpractice, a consequence of a defective product or any other circumstance where someone else’s action or inaction caused your injury.
Contact Toronto Personal Injury Lawyer Irving Solnik today at
1-800-557-0678 to schedule an initial consultation.
Depending on the circumstances of your situation, under Ontario law you may be able to collect damages for: pain and suffering, current and future medical expenses, lost wages, legal costs and any out-of-pocket expenses that you may have incurred as a result of your injury.
It is important to contact a Toronto personal injury law firm as soon as possible after your accident to discuss what damages you are entitled to recover and to have a personal injury lawyer in Toronto begin preparing your case.
As you attempt to get better and move on with your life, it is important to understand that you only have a limited amount of time in which to take legal action against the party responsible for your injury. Statutory deadlines in Ontario leave you with only a finite number of days by which you must file a legal complaint against the party responsible for your personal injury and file a claim with the courts.
Time is definitely of the essence when it comes to personal injury litigation and it is imperative that you hire a Toronto personal injury law firm that will make sure legal notices and paperwork are filed in a timely fashion as required by law.
Do not face the sea of personal injury chaos alone. Contact a Toronto personal injury law firm that can help you navigate the rough waters of personal injury litigation and represent you with professional excellence and skill throughout your entire legal proceedings.
The law offices of Irving Solnik Professional Corporation are here to help you through the tough times you face. Call Irving Solnik in Toronto at 416-222-8509 ot toll free at 1-(800) 557-0678 to begin discussing your options today. Free advice by telephone and you don’t pay any legal fees until we have won the case for you.
Motor vehicle including a car accident law in Ontario is complex as our province adheres to a strict “No Fault” policy.
This does not mean that fault is never established or blame is never placed on one driver over the other. Rather, it means that each party involved in an accident is eligible to receive some compensation from their own insurance company.
To petition for compensation of losses sustained in a car accident, you must submit an application for Accident Benefits to your insurance company as soon as possible after an accident.
Upon submission of your application, your insurance company may still deny or delay your Accident Benefits, even if the accident was not your fault. This is where car accident advice from a Toronto accident lawyer is useful. Our car accident lawyer at the Toronto law offices of Irving Solnik Professional Corporation will advise you on the best course of action to take for your situation and aggressively fight against INSURANCE COMPANIES to protect your rights.
After an accident see your doctor or the emergency ward of a hospital no matter how you think you feel, then call Irving Solnik.
When your accident is the result of someone else’s negligence you may also be able to pursue tort action against the responsible party. Generally, this only applies to individuals who have sustained severe and permanent injuries as a result of someone else’s carelessness.
To determine if you may seek damages from the person responsible for your car accident, you should seek car accident advice from a Toronto lawyer that has a deep understanding of Ontario car accident laws and experience handling personal injury cases.
If you have been in a car accident in or around Toronto, contact Irving Solnik Professional Corporation PC to make sure that your rights are protected and that you receive the maximum compensation that you are entitled to under the law.
Our motor vehicle accident lawyer in Toronto, Irving Solnik is well-versed in Ontario’s complex laws regarding such accidents and is adept at handling difficult accident lawsuits. Call us today at (800) 557-0678 to begin discussing the legal options available to you after a motor vehicle accident.
The law offices of Irving Solnik Professional Corporation are here to help you through the tough times you face. Call our personal injury lawyer in Toronto at (800) 557-0678 to begin discussing your options today. Free consultation and you don’t pay any legal fees until we have won the case for you.
THE MOTOR VEHICLE ACCIDENT FUND
The Motor Vehicle Accident Claims Fund (MVACF) is considered to be the "payer of last resort" as it provides compensation to people injured in automobile accidents when no automobile insurance exists to respond to the claim.
The major functions of MVACF are to:
~ provide statutory Accident Benefits directly to victims involved in an automobile accident who have no recourse to automobile insurance
~ to provide compensation for personal injury or property damage to victims involved in an automobile accident with an uninsured or unidentified driver or a stolen vehicle
~ to recover from the owners and drivers of uninsured vehicles monies paid out on their behalf, where legally permissible.
Being involved in a motor vehicle accident of any kind can be a daunting and emotional experience. The police will inevitably become involved in investigating the accident and, for many people this may be their first involvement with the police. The police in Canada will consider whether any charges should be laid and whether the charge should be criminal in nature or a traffic act violation.
It is important to understand what obligations you might have to speak to the police about the accident and in Canada, what type of information you might be required to provide. It is also important for you to understand what use the police can make of the information you give them.
In Canada, do I have the right to remain silent?
Canadian Courts have interpreted s.7 of the Canadian Charter of Rights and Freedoms so as to recognize that every person in Canada has the right to remain silent in relation to a criminal investigation.
As a general rule, no one is required to cooperate with the police during an investigation or provide a statement detailing what they know about the matter under investigation. This general rule applies to any criminal investigation in Canada, including a criminal investigation arising from a motor vehicle accident.
The principle behind the rule is that no one should be required to "incriminate" themselves by assisting the police in providing information to substantiate a criminal charge against them. However, that general rule has been modified by provincial traffic legislation, which requires drivers to assist the police investigating motor vehicle accidents in some instances.
My obligations under provincial legislation
It is the responsibility of every province in Canada to enact legislation (a Highway Traffic Act or similarly named Act) to regulate and license drivers.
In order to allow for the effective enforcement of these provincial statutes, the legislation includes a requirement that drivers involved in motor vehicle accidents are required to report the details of the accident to a police officer. These "reporting requirements" are different in each province but generally include a requirement that drivers provide details to the police about how the accident occurred.
For example, Section 199 of the Ontario Highway Traffic Act requires that every driver involved in an accident in Ontario, which results in injury or damage (that apparently exceeds the amount prescribed by regulation) must immediately report the accident to the police.
The Ontario police must then obtain certain information from the person making the report, including the particulars of the accident, the people involved and the extent of the injuries and damage.
Similarly, section 200 of the Highway Traffic Act requires a driver, upon request (by the police, a witness or anyone that sustained injury or loss in the accident), to provide particulars, including their name, address, driver's license and insurance information. Every person in Ontario who contravenes these sections is liable to a fine and/or jail term and/or license suspension.
At first blush, the requirement that a driver in Ontario involved in a car accident must cooperate with the police and provide information about the accident appears to be inconsistent with the general rule that you should not be forced to incriminate yourself.
Take the following example: If you are involved in an accident because you went through a red light and you are required to report what happened to a police officer, it is very likely that you are going to be charged with a traffic offence and possibly with a criminal offence (dangerous driving), which has very significant consequences if convicted.
In those circumstances, it would not seem fair if the Crown prosecutor was entitled to introduce the statement you gave admitting you went through the red light at your trial. The Supreme Court of Canada has dealt with this conundrum in a way that seeks to still protect the right to remain silent and not to incriminate oneself while giving effect to the traffic legislation that requires you to speak to the police and tell them about the accident.
In a case called R. v. White, the Supreme Court of Canada decided as follows:
A statement, made by a driver in Canada who is fulfilling the statutory requirement that he give the statement, cannot be used against the driver in a subsequent prosecution for a criminal offence;
The statement you give to the police will only not be admissible against you in a criminal trial if you honestly believe at the time that you give the statement that you were required to give it; and
If the Canadian police want to take a statement only in relation to a possible criminal offence and do not want to rely on your obligation to provide a statement, they must make it clear to you that they are not taking a statement under the traffic legislation.
The case stands for the proposition that it is okay for the legislation to require you to cooperate by giving a statement but it is not okay to then use that statement against you in a criminal trial. This way, although you are required to provide information that might not be helpful to you, that information cannot be used to prove any subsequent charge against you. What should I do?
When approached by a police officer in Canada investigating a motor vehicle accident that you've been involved in, you should be cautious before simply telling the officer what occurred. The following guidelines might assist you before you speak to the police:
Ask the officer whether you under arrest or detention. If you are, it is likely that the officer has already decided to charge to you with a criminal offence. You are entitled to be told about your rights to counsel and you are entitled to speak to a Criminal lawyer before answering any questions so you can clarify whether you should speak to the police or not;
If you are not under arrest or detention, you should ask the Canadian officer whether he is investigating the matter as a criminal offence or as a highway traffic act offence;
If you are told that it is a possible criminal offence, you should indicate that you are exercising your right to remain silent and should tell the officer that you would like to speak to a Criminal lawyer;
If you are told that it is a traffic investigation or that it is both a traffic investigation and a criminal investigation you should make it clear that you are only speaking to the officer and providing a statement based upon your understanding that you are required by the Canadian traffic legislation to provide a statement. You should also indicate that it is your understanding that the officer is asking you questions under the Canadian traffic legislation;
If the officer indicates he is not asking you to provide a statement pursuant to the traffic legislation, than you are not required to give the police in Canada a statement.
If you provide a statement to the police in Canada, you are required to be truthful in what you tell them. Lying to the police during the course of an investigation is a serious criminal offence called "public mischief" and is prohibited by s.140 of the Criminal Code.
Canadian judges view lying to the police during the course of an investigation very seriously and the punishment imposed when people are found guilty reflects that. Therefore, if you provide the police with a statement, you must be truthful in your account.
Dealing with persons in authority in a time of emotional crisis such as a motor vehicle accident is difficult, especially if you are without the assistance of a Criminal lawyer. At the time of your interaction with the police, it is difficult to know whether you will be charged with an offence regardless of whether you believe you did anything wrong or not. In some cases you will be required to tell the Canadian police officer how the accident occurred and answer their questions about the details of the accident.
When that happens, it is important that you make it clear that you are answering the questions because you understand that you are required to do so.
That way, should the worst happen and you find yourself charged with an offence, your Criminal lawyer can argue that whatever you told the police should not be admitted into evidence against you.
Whenever possible, speak to a criminal and accident/personal injury lawyer such as Irving Solnik before deciding whether to provide a statement to the police. Call him toll free at 1-800-557-0678 or 416-222-8509 until 10 pm evenings and weekends too.
IRVING SOLNIK PRACTICES MANY AREAS OF LAW AND HIS EXTENSIVE KNOWLEDGE AND EXPERIENCE ARE SECOND TO NONE. CALL HIM TODAY.
TORONTO LAWYER IRVING SOLNIK IS AN EXPERIENCED IN PERSONAL INJURIES AND MOTOR VEHICLE ACCIDENTS, TORTS, WRONGFUL DISMISSAL, CIVIL LAW AND LITIGATION AND MANY OTHER AREAS OF LAW!
HE CAN BE REACHED UNTIL 10 PM EVENINGS AND WEEKENDS TOO AT 416-222-8509 OR TOLL FREE AT 1-800-557-0678. CALL HIM AT NO COST OR OBLIGATION AND RECEIVE VALUABLE ADVICE-FREE!
What is "Wrongful Dismissal?"
Being dismissed, fired, laid-off or restructured out of a job without reasonable notice or proper payment IS wrongful dismissal. It's that simple. Hundreds of Canadians are wrongfully dismissed each week. If you are dismissed without proper notice or compensation - you can usually sue your employer for wrongful dismissal.
Are You Covered? Exceptions to Wrongful Dismissal:
Some employees may not be able to sue for wrongful dismissal because they fall into one of the exceptions. Here are just a few of the most common exceptions:
- Unionized Employees
Employees in unionized workplaces cannot sue their employers for wrongful dismissal. Instead, they can often file grievances if they have been unfairly dismissed. Often, the union may be able to help the employee get his or her job back. If the union unfairly refuses to provide proper assistance, employees may be able to file an unfair representation complaint with the appropriate provincial or federal labour relations board.
- Employees with a Written Employment Contract
If you have signed an enforceable employment letter contract, you may have agreed to a set payment or amount of notice to be paid at the time of dismissal. In this case, you may not be entitled to anything other than the amounts set out in the original letter or contract. The amount of notice or payment in the contract must be at least the same amount that you would get under the Employment Standards Act or other equivalent provincial legislation. Otherwise, the term may be unenforceable and you may get reasonable compensation.
Similarly, if you have a fixed term contract - you may not be entitled to any notice of dismissal if the term ends. This is not always the case. If you have signed a series of contracts, one after the other, there may be ways to get around the fixed term and still get reasonable notice.
Interpreting written employment contracts can be complicated and very technical. There may be reasons why a court would allow you to get around the contract. IRVING SOLNIK has interpreted numerous employment contracts.. If you have any questions about your employment contract, you should contact Irving Solnik now.
Employees who are properly dismissed for "just cause" may not be entitled to any payments when dismissed - other than salary and vacation pay owing up to the date of dismissal. Just cause is very serious conduct. It can include theft, serious dishonesty, sexual harassment, conflict of interest and other types of highly inappropriate conduct. It is very difficult in Canada to successfully prove just cause. Employers who improperly claim that they have just cause for firing someone may have to pay extra wrongful dismissal damages for making "bad faith" allegations.
What is Constructive Dismissal?
Constructive Dismissal occurs when the conditions of your employment change so much you feel as if you have been dismissed. Courts have called constructive dismissal "a fundamental change in the terms of employment." If you are constructively dismissed, you are able to resign and sue for wrongful dismissal. This can be very risky. You should always obtain legal advice before making this decision.
Here are some examples of constructive dismissal:
Reduction in Pay:
A reduction in pay without advance notice is almost always a constructive dismissal - as long as the reduction is significant - usually more than 5-10%. If your pay is reduced and you have not been given enough (or any) advance notice, that may be a constructive dismissal.
Demotion:
If you have been demoted and are now required to perform a job that is clearly below the one you had, that may be a constructive dismissal. Similarly, if the company takes away a significant portion of your responsibilities, that may also be a constructive dismissal.
Courts may look at the impact on your career, the perception of others in the company of the change and a range of other factors, including the short and long term financial impact on you.
Workplace Abuse:
If your employer creates - or permits - an intolerable work atmosphere, that may also be considered a constructive dismissal. Employees are entitled to be treated with dignity and respect in the workplace. If, at your workplace, you are faced with yelling, name-calling, humiliation and other similar types of behaviour, whether from a superior or a co-worker, you may have a case for constructive dismissal.
Constructive Dismissal is a very technical area. There are numerous decisions from courts across Canada on the definition of constructive dismissal and the available steps for employees. If you feel you may have been constructively dismissed, it is very important that you obtain proper legal advice as early as possible. If you wait too long, you may be considered to have accepted the situation.
How Much Notice or Severance Should You Get:
If you are dismissed without cause, you are entitled to a few different types of compensation. There are minimums required by legislation - and then there is the "common law." Almost everyone is entitled to the minimum provided by legislation. Most employees are also entitled to "common law" damages.
- Statutory Minimums:
Almost all employees are entitled to certain minimum amounts under Provincial legislation. In Ontario, the Employment Standards Act ensures that dismissed employees are given a certain minimum amount of notice - or pay instead of notice:
<!--[if !supportLists]-->i. <!--[endif]-->Notice Pay:
Less than 3 months service: Nothing required
3 months to 1 year: 1 week
1 year to 3 years: 2 weeks
3 years to 4 years: 3 weeks
Then - one additional week for each year worked - up to a maximum of eight weeks.
<!--[if !supportLists]-->ii. <!--[endif]-->Severance Pay
In Ontario, certain employees are also entitled to severance pay. This only applies to employees who have worked for more than 5 years for their employer - AND where the employer has a payroll of more than $2.5 million in Ontario. If you fall into this category, you are entitled to an additional week's pay for each year worked, up to a maximum of 26.
<!--[if !supportLists]--> <!--[endif]-->The Commmon Law:
The common law is the real source of relief for most dismissed employees. The common law - is judge made law that applies in all of the Canadian Provinces - except for Quebec. Over the years, courts have determined that employees are entitled to reasonable notice of dismissal - or appropriate compensation instead of notice.
During the notice period, dismissed employees are entitled to be compensated for everything that they would have had if they had continued to work - salary, benefits, club memberships, non-discretionary bonuses and other amounts.
There is no set formula for determining the amount of notice. In trying to set the amount, courts look at a range of factors, including a person's length of service with the company, age, position, level of responsibility, salary, likely difficulty in finding a new comparable position, what the person was doing before this job (i.e. whether he or she was lured away from a secure job to this new job) and the manner which the person was treated at the time of dismissal.
These are only some of the factors that courts will consider in making their decision. The Ontario Court of Appeal has said that setting a notice period is an "art rather than a science."
For almost every dismissed employee, there is a range of possible notice periods, which means that there is almost always room to negotiate a proper package.
At the upper end of the range, there have been very few awards that have exceeded 2 years' compensation. This type of notice period would usually be given to a member of senior management, with more than 20 years of service.
At the other end of the range, few employees are likely to get less than one month - even employees who have been with their employer for only a short period of time. For many one year employees, the appropriate amount of notice is 3 to 6 months.
If you signed an enforceable employment contract when you first started work, you may be limited to the amount specified in the contract, as long as the contract provides you with the minimums required by Provincial legislation. Courts are willing to read contracts in a way that is favourable to employees. However, if the contract is properly prepared, employees may have no claim for wrongful dismissal.
If you are dismissed, you are required to mitigate your damages by looking for another job and taking reasonable steps to try to replace your lost income. You should keep track of your efforts by saving newspaper ads of jobs you have applied to, keeping a list of people that you have phoned, and saving web site ads for available jobs.
If you find a job that pays the same or more money than the job you lost, you have mitigated your damages. You may have no claim - other than for the minimum amounts required by provincial legislation. If you have come to an agreement with your employer - whether or not you continue to get paid after finding a new job will depend on your final agreement. However, if you have not come to an agreement and wind up taking legal action, you may end up with less than the company's original offer.
One of the factors to consider in a wrongful dismissal situation is the likelihood of finding other work. This is difficult to do. Often, experienced counsel can assist you to increase your employer's offer before you make a decision about new employment. Other times, it is better to wait and see what opportunities arise before proceeding with your claim.
These are the kinds of issues that you should discuss with Ken Krupat before signing any offer that you have been given.
Torts, Punitive Damages and Bad Faith
- Torts
Most payments of wrongful dismissal damages are treated as income or a "retiring allowance" and are fully taxable. There are exceptions. If you awarded "general damages" against your employer, these damages may not be taxable.
It is very difficult to obtain these types of damages and usually requires you to prove that you have been subjected to very serious misconduct - not just dismissed.
Here are a few examples of the kind of conduct:
Negligent Misrepresentation:
Where the company knowingly made false promises to get you to join - and you relied on these promises and suffered damages.
Slander or Defamation:
Where the company or its employees slandered you by making public statements or producing documents that were false.
Conspiracy:
Where the company or at least two individuals worked together to cause you economic harm.
Intentional Infliction of Emotional Distress:
Where the company or its employees purposely try to inflict emotional suffering on you - and succeed.
There are numerous other examples - and the list of in appropriate conduct is always changing. It is rare for employers to agree that they have committed any of these acts in the course of settlement negotiations. However, in appropriate cases, employers may be willing to pay additional wrongful dismissal damages - or to allow for favourable tax treatment of damages - if there is a genuine case for these types of damages.
- Punitive Damages:
Punitive damages can be awarded where the employer's conduct is shocking and outrageous. However, that is not enough. Employees must also be able to show that employers committed some type of independent, additional wrong at the time of firing.
Treating a person abusively and humiliating them may not be enough. Even it is, courts may only award $15,000-$20,000 in punitive damages - after a long and protracted fight.
The law continues to evolve in this area. In insurance cases, courts have concluded that insurance companies owe a duty of good faith to their policy holders. Breaching this duty has led to huge punitive damage awards of hundreds of thousands of dollars. For now, the Supreme Court of Canada has held that employers do not owe a similar duty to their employees. So these types of huge awards are not yet available.
- Bad Faith Damages:
The Supreme Court has held that bad faith conduct at the time of dismissal can cause employers to have to provide a longer notice period. Conduct that has been cited by courts across Canada has included - making false allegations of cause at the time of dismissal, refusing to pay the minimum amounts required by Provincial legislation and refusing to provide a reference letter as well as many other types of conduct.
This decision of the Supreme Court, Wallace v. United Grain Growers, has led to a rash of litigation over the definition of bad faith conduct. Many courts have extended notice periods for a whole variety of reasons that they have defined as "bad faith."
If you have been dismissed, your first step should be to obtain legal advice about your situation. Irving Solnik, arguably the best Toronto lawyer can meet with you and discuss all aspects of your employment and dismissal with you. You will need to bring any documents that you have - including any employment contract that you might have signed - and any written documents that your employer has provided to you at the time of dismissal.
In some cases, the severance package that you have been offered will be so good that you will be advised to accept it - especially if you have found another job - or believe that you are about to be offered one. In most cases however, there may be room for the employer to move. Perhaps the amount of notice being offered is well below the appropriate amount - or it may be that the package has not provided for benefits, bonuses, outstanding compensation - or some other items that you should be receiving.
The next step is negotiation. Many cases are settled through written correspondence, phone calls or face to face meetings with your employer or its counsel. If you have obtained proper advice and the other side is represented by reasonable, knowledgeable counsel, you should have a good chance of resolving your situation at an early stage.
If your case cannot be solved early on, it may be necessary to take legal action. See the remedies section for more information. There are a variety of court options, depending on the value of your claim. There are also other options including human rights complaints, complaints to the labour board or other statutory bodies - and sometimes arbitration.
Very few cases actually go through the whole process - and wind up at a trial.
By some estimates it is less than 5 in 100 - which is a good thing. After all, if most cases went to trial, that would be a sign that the law was either very uncertain - or that people were not very good at resolving their disputes.
Irving Solnik is quite experienced at using a variety of advocacy tools - including voluntary and mandatory mediation to make efforts at each step of the dispute process to try to reach a fair and reasonable resolution with the other side. Where this is not possible, and where appropriate, ll
You were suddenly let go or demoted from your job. You struggle to seek gainful employment to support your family and maintain your standard of living. Your savings are gone. Bills come in faster than you can get the money to pay them. Do you have a case against your employer?
Perhaps you are an employer. You're thinking about firing someone, but don't want a lawsuit on your hands. What should you watch out for? What are your options? What should you do next?
Contact a Toronto Wrongful Dismissal Lawyer Irving Solnik today at 1-416-222-8509 to schedule a free initial consultation today.
At the law offices of Irving Solnik Professional Corporation, Irving Solnik, a topgun wrongful dismissal lawyer in Toronto is ready to help you answer these questions and advise you on the best course of action to take for your situation.
Whether you are an employer seeking to terminate an employee or an employee seeking retribution against a wrongful dismissal, our Toronto lawyers are here to make sure that you not only know your rights, but to ensure that those rights are protected.
Damages for Wrongful Dismissal
So, is it worth it to sue for wrongful dismissal? How much can you recover?
A court will compensate you for salary and benefits proved to have been lost during the reasonable notice period, minus any severance pay or notice you actually received.
Be aware that you have a duty to seek new employment after any employment dismissal and the courts will consider your efforts to do so. Any money you earned or should have been earned during the reasonable notice period will also be deducted from any judgment for damages.
For instance, if you are entitled to a reasonable notice period of eight months and only received eight weeks of notice before being terminated and you could have earned money at a new job during that reasonable notice period, a court would most likely calculate the damages to include eight months' salary and benefits.
Benefits that the courts have awarded damages for include:
• Bonuses
• Stock options
• Pension, insurance, medical plans
• Moving expenses
• Vacation pay
• Other benefits which would have been earned if employment had continued.
Aside from compensating for lost salary and benefits during the reasonable notice period, courts may, in limited circumstances, compensate a terminated employee for an employer's extreme behaviour. Extreme behaviour includes causing mental distress, defamation or loss of reputation and assault, to name a few. As well, employees may be compensated for leaving a previous employer at the insistence of the employer who dismissed them.
Constructive Dismissal: Getting Fired without Getting Fired
In business jargon, it's called, "Going to Siberia." You still work for the same company, but instead of being vice president of finance you're now the "special projects manager." Your corner office has been replaced by a cubicle next to the mailroom. "If they'd fired me," you fume, "at least I could have sued." Well, maybe you still can.
If your employer fundamentally breaches or changes any major term of the employment relationship, such as duties or status, you could claim that you've been constructively dismissed. In other words, you were, in effect, fired. You could then sue for wrongful dismissal.
A court will consider all of the circumstances of the employment relationship to decide whether a fundamental breach or change has occurred.
If, for example, your employer gave you reasonable notice that a change would occur, there is no constructive dismissal.
If a breach has occurred, you must communicate that you do not accept the change and try to negotiate a solution. If the problem cannot be resolved, you can resign and start an action for wrongful dismissal. The court will examine the facts surrounding the resignation when it awards damages.
If, instead, you continue to work under the new conditions, after a reasonable amount of time, the new conditions are considered accepted and become part of the employment agreement.
These are some changes which may qualify as constructive dismissal:
• Hiring a replacement
• Demotion
• Reduced pay
• Withholding pay
• Change in job responsibilities
• Abusive treatment
• Fewer hours
• Short-term lay off
• Forced leave of absence
• Not allowing employee to work
• Forced transfer
The damages that would be awarded by a court depend on a variety of factors and cannot be estimated here unless all factors are known and taken into account.
At the law offices of Irving Solnik Professional Corporation, we will sit down with you and help you determine if you, in fact, have a case for constructive dismissal. Contact Irving Solnik today at (800) 557-0678 or 426-333-8509 to start fighting for your rights as an employee.
What is "Wrongful Dismissal?"
Being dismissed, fired, laid-off or restructured out of a job without reasonable notice or proper payment IS wrongful dismissal. It's that simple. Hundreds of Canadians are wrongfully dismissed each week. If you are dismissed without proper notice or compensation - you can usually sue your employer for wrongful dismissal.
Are You Covered? Exceptions to Wrongful Dismissal:
Some employees may not be able to sue for wrongful dismissal because they fall into one of the exceptions. Here are just a few of the most common exceptions:
- Unionized Employees
Employees in unionized workplaces cannot sue their employers for wrongful dismissal. Instead, they can often file grievances if they have been unfairly dismissed. Often, the union may be able to help the employee get his or her job back. If the union unfairly refuses to provide proper assistance, employees may be able to file an unfair representation complaint with the appropriate provincial or federal labour relations board.
- Employees with a Written Employment Contract
If you have signed an enforceable employment letter contract, you may have agreed to a set payment or amount of notice to be paid at the time of dismissal. In this case, you may not be entitled to anything other than the amounts set out in the original letter or contract.
The amount of notice or payment in the contract must be at least the same amount that you would get under the Employment Standards Act or other equivalent provincial legislation. Otherwise, the term may be unenforceable and you may get reasonable compensation.
Similarly, if you have a fixed term contract - you may not be entitled to any notice of dismissal if the term ends. This is not always the case. If you have signed a series of contracts, one after the other, there may be ways to get around the fixed term and still get reasonable notice.
Interpreting written employment contracts can be complicated and very technical. There may be reasons why a court would allow you to get around the contract. Ken Krupat has drafted and interpreted hundreds of employment contracts for employees and employers. If you have any questions about your employment contract, you should contact Ken now.
What is "Just Cause?"
Employees who are properly dismissed for "just cause" may not be entitled to any payments when dismissed - other than salary and vacation pay owing up to the date of dismissal. Just cause is very serious conduct. It can include theft, serious dishonesty, sexual harassment, conflict of interest and other types of highly inappropriate conduct. It is very difficult in Canada to successfully prove just cause.
Employers who improperly claim that they have just cause for firing someone may have to pay extra wrongful dismissal damages for making "bad faith" allegations.
What is Constructive Dismissal?
Constructive Dismissal occurs when the conditions of your employment change so much you feel as if you have been dismissed. Courts have called constructive dismissal "a fundamental change in the terms of employment." If you are constructively dismissed, you are able to resign and sue for wrongful dismissal. This can be very risky. You should always obtain legal advice before making this decision.
Here are some examples of constructive dismissal:
Reduction in Pay:
A reduction in pay without advance notice is almost always a constructive dismissal - as long as the reduction is significant - usually more than 5-10%. If your pay is reduced and you have not been given enough (or any) advance notice, that may be a constructive dismissal.
Demotion:
If you have been demoted and are now required to perform a job that is clearly below the one you had, that may be a constructive dismissal. Similarly, if the company takes away a significant portion of your responsibilities, that may also be a constructive dismissal. Courts may look at the impact on your career, the perception of others in the company of the change and a range of other factors, including the short and long term financial impact on you.
Workplace Abuse:
If your employer creates - or permits - an intolerable work atmosphere, that may also be considered a constructive dismissal. Employees are entitled to be treated with dignity and respect in the workplace. If, at your workplace, you are faced with yelling, name-calling, humiliation and other similar types of behaviour, whether from a superior or a co-worker, you may have a case for constructive dismissal.
Constructive Dismissal is a very technical area. There are numerous decisions from courts across Canada on the definition of constructive dismissal and the available steps for employees. If you feel you may have been constructively dismissed, it is very important that you obtain proper legal advice as early as possible. If you wait too long, you may be considered to have accepted the situation.
How Much Notice or Severance Should You Get:
If you are dismissed without cause, you are entitled to a few different types of compensation. There are minimums required by legislation - and then there is the "common law." Almost everyone is entitled to the minimum provided by legislation. Most employees are also entitled to "common law" damages.
- Statutory Minimums:
Almost all employees are entitled to certain minimum amounts under Provincial legislation. In Ontario, the Employment Standards Act ensures that dismissed employees are given a certain minimum amount of notice - or pay instead of notice:
<!--[if !supportLists]-->i. <!--[endif]-->Notice Pay:
Less than 3 months service: Nothing required
3 months to 1 year: 1 week
1 year to 3 years: 2 weeks
3 years to 4 years: 3 weeks
Then - one additional week for each year worked - up to a maximum of eight weeks.
<!--[if !supportLists]-->ii. <!--[endif]-->Severance Pay:
In Ontario, certain employees are also entitled to severance pay. This only applies to employees who have worked for more than 5 years for their employer - AND where the employer has a payroll of more than $2.5 million in Ontario. If you fall into this category, you are entitled to an additional week's pay for each year worked, up to a maximum of 26.
<!--[if !supportLists]--> <!--[endif]-->The Commmon Law:
The common law is the real source of relief for most dismissed employees. The common law - is judge made law that applies in all of the Canadian Provinces - except for Quebec.
Over the years, courts have determined that employees are entitled to reasonable notice of dismissal - or appropriate compensation instead of notice. During the notice period, dismissed employees are entitled to be compensated for everything that they would have had if they had continued to work - salary, benefits, club memberships, non-discretionary bonuses and other amounts.
There is no set formula for determining the amount of notice. In trying to set the amount, courts look at a range of factors, including a person's length of service with the company, age, position, level of responsibility, salary, likely difficulty in finding a new comparable position, what the person was doing before this job (i.e. whether he or she was lured away from a secure job to this new job) and the manner which the person was treated at the time of dismissal.
These are only some of the factors that courts will consider in making their decision. The Ontario Court of Appeal has said that setting a notice period is an "art rather than a science."
For almost every dismissed employee, there is a range of possible notice periods, which means that there is almost always room to negotiate a proper package.
At the upper end of the range, there have been very few awards that have exceeded 2 years' compensation. This type of notice period would usually be given to a member of senior management, with more than 20 years of service. At the other end of the range, few employees are likely to get less than one month - even employees who have been with their employer for only a short period of time. For many one year employees, the appropriate amount of notice is 3 to 6 months.
If you signed an enforceable employment contract when you first started work, you may be limited to the amount specified in the contract, as long as the contract provides you with the minimums required by Provincial legislation. Courts are willing to read contracts in a way that is favourable to employees. However, if the contract is properly prepared, employees may have no claim for wrongful dismissal.
What if you find another job?
If you are dismissed, you are required to mitigate your damages by looking for another job and taking reasonable steps to try to replace your lost income. You should keep track of your efforts by saving newspaper ads of jobs you have applied to, keeping a list of people that you have phoned, and saving web site ads for available jobs.
If you find a job that pays the same or more money than the job you lost, you have mitigated your damages. You may have no claim - other than for the minimum amounts required by provincial legislation.
If you have come to an agreement with your employer - whether or not you continue to get paid after finding a new job will depend on your final agreement. However, if you have not come to an agreement and wind up taking legal action, you may end up with less than the company's original offer.
One of the factors to consider in a wrongful dismissal situation is the likelihood of finding other work. This is difficult to do. Often, experienced counsel can assist you to increase your employer's offer before you make a decision about new employment. Other times, it is better to wait and see what opportunities arise before proceeding with your claim.
These are the kinds of issues that you should discuss with Ken Krupat before signing any offer that you have been given.
Torts, Punitive Damages and Bad Faith
- Torts
Most payments of wrongful dismissal damages are treated as income or a "retiring allowance" and are fully taxable. There are exceptions. If you awarded "general damages" against your employer, these damages may not be taxable.
It is very difficult to obtain these types of damages and usually requires you to prove that you have been subjected to very serious misconduct - not just dismissed.
Here are a few examples of the kind of conduct:
Negligent Misrepresentation:
Where the company knowingly made false promises to get you to join - and you relied on these promises and suffered damages.
Slander or Defamation:
Where the company or its employees slandered you by making public statements or producing documents that were false.
Conspiracy:
Where the company or at least two individuals worked together to cause you economic harm.
Intentional Infliction of Emotional Distress:
Where the company or its employees purposely try to inflict emotional suffering on you - and succeed.
There are numerous other examples - and the list of in appropriate conduct is always changing. It is rare for employers to agree that they have committed any of these acts in the course of settlement negotiations. However, in appropriate cases, employers may be willing to pay additional wrongful dismissal damages - or to allow for favourable tax treatment of damages - if there is a genuine case for these types of damages.
- Punitive Damages:
Punitive damages can be awarded where the employer's conduct is shocking and outrageous. However, that is not enough. Employees must also be able to show that employers committed some type of independent, additional wrong at the time of firing.
Treating a person abusively and humiliating them may not be enough. Even it is, courts may only award $15,000-$20,000 in punitive damages - after a long and protracted fight.
The law continues to evolve in this area. In insurance cases, courts have concluded that insurance companies owe a duty of good faith to their policy holders. Breaching this duty has led to huge punitive damage awards of hundreds of thousands of dollars. For now, the Supreme Court of Canada has held that employers do not owe a similar duty to their employees. So these types of huge awards are not yet available.
- Bad Faith Damages:
The Supreme Court has held that bad faith conduct at the time of dismissal can cause employers to have to provide a longer notice period. Conduct that has been cited by courts across Canada has included - making false allegations of cause at the time of dismissal, refusing to pay the minimum amounts required by Provincial legislation and refusing to provide a reference letter as well as many other types of conduct.
This decision of the Supreme Court, Wallace v. United Grain Growers, has led to a rash of litigation over the definition of bad faith conduct. Many courts have extended notice periods for a whole variety of reasons that they have defined as "bad faith."
How Does The Process Work?
If you have been dismissed, your first step should be to obtain legal advice about your situation. Irving Solnik, arguably the best Toronto lawyer can meet with you and discuss all aspects of your employment and dismissal with you. You will need to bring any documents that you have - including any employment contract that you might have signed - and any written documents that your employer has provided to you at the time of dismissal.
In some cases, the severance package that you have been offered will be so good that you will be advised to accept it - especially if you have found another job - or believe that you are about to be offered one. In most cases however, there may be room for the employer to move.
Perhaps the amount of notice being offered is well below the appropriate amount - or it may be that the package has not provided for benefits, bonuses, outstanding compensation - or some other items that you should be receiving.
The next step is negotiation. Many cases are settled through written correspondence, phone calls or face to face meetings with your employer or its counsel. If you have obtained proper advice and the other side is represented by reasonable, knowledgeable counsel, you should have a good chance of resolving your situation at an early stage.
If your case cannot be solved early on, it may be necessary to take legal action. See the remedies section for more information. There are a variety of court options, depending on the value of your claim. There are also other options including human rights complaints, complaints to the labour board or other statutory bodies - and sometimes arbitration.
Very few cases actually go through the whole process - and wind up at a trial. By some estimates it is less than 5 in 100 - which is a good thing. After all, if most cases went to trial, that would be a sign that the law was either very uncertain - or that people were not very good at resolving their disputes.
Irving Solnik is quite experienced at using a variety of advocacy tools - including voluntary and mandatory mediation to make efforts at each step of the dispute process to try to reach a fair and reasonable resolution with the other side. Where this is not possible, and where appropriate, ll
You were suddenly let go or demoted from your job. You struggle to seek gainful employment to support your family and maintain your standard of living. Your savings are gone. Bills come in faster than you can get the money to pay them. Do you have a case against your employer?
Perhaps you are an employer. You're thinking about firing someone, but don't want a lawsuit on your hands. What should you watch out for? What are your options? What should you do next?
Contact a Toronto Wrongful Dismissal Lawyer Irving Solnik today at 1-416-222-8509 to schedule an initial consultation today.
At the law offices of Irving Solnik Professional Corporation, Irving Solnik, a topgun wrongful dismissal lawyer in Toronto is ready to help you answer these questions and advise you on the best course of action to take for your situation
Whether you are an employer seeking to terminate an employee or an employee seeking retribution against a wrongful dismissal, our Toronto lawyers are here to make sure that you not only know your rights, but to ensure that those rights are protected.
Damages for Wrongful Dismissal
So, is it worth it to sue for wrongful dismissal? How much can you recover?
A court will compensate you for salary and benefits proved to have been lost during the reasonable notice period, minus any severance pay or notice you actually received.
Be aware that you have a duty to seek new employment after any employment dismissal and the courts will consider your efforts to do so. Any money you earned or should have been earned during the reasonable notice period will also be deducted from any judgment for damages.
For instance, if you are entitled to a reasonable notice period of eight months and only received eight weeks of notice before being terminated and you could have earned money at a new job during that reasonable notice period, a court would most likely calculate the damages to include eight months' salary and benefits.
Benefits that the courts have awarded damages for include:
• Bonuses
• Stock options
• Pension, insurance, medical plans
• Moving expenses
• Vacation pay
• Other benefits which would have been earned if employment had continued.
Aside from compensating for lost salary and benefits during the reasonable notice period, courts may, in limited circumstances, compensate a terminated employee for an employer's extreme behaviour. Extreme behaviour includes causing mental distress, defamation or loss of reputation and assault, to name a few. As well, employees may be compensated for leaving a previous employer at the insistence of the employer who dismissed them.
Constructive Dismissal: Getting Fired without Getting Fired
In business jargon, it's called, "Going to Siberia." You still work for the same company, but instead of being vice president of finance you're now the "special projects manager." Your corner office has been replaced by a cubicle next to the mailroom. "If they'd fired me," you fume, "at least I could have sued." Well, maybe you still can.
If your employer fundamentally breaches or changes any major term of the employment relationship, such as duties or status, you could claim that you've been constructively dismissed. In other words, you were, in effect, fired. You could then sue for wrongful dismissal.
A court will consider all of the circumstances of the employment relationship to decide whether a fundamental breach or change has occurred.
If, for example, your employer gave you reasonable notice that a change would occur, there is no constructive dismissal.
If a breach has occurred, you must communicate that you do not accept the change and try to negotiate a solution. If the problem cannot be resolved, you can resign and start an action for wrongful dismissal. The court will examine the facts surrounding the resignation when it awards damages.
If, instead, you continue to work under the new conditions, after a reasonable amount of time, the new conditions are considered accepted and become part of the employment agreement.
These are some changes which may qualify as constructive dismissal:
• Hiring a replacement
• Demotion
• Reduced pay
• Withholding pay
• Change in job responsibilities
• Abusive treatment
• Fewer hours
• Short-term lay off
• Forced leave of absence
• Not allowing employee to work
• Forced transfer
The damages that would be awarded by a court depend on a variety of factors and cannot be estimated here unless all factors are known and taken into account.
At the law offices of Irving Solnik Professional Corporation, we will sit down with you and help you determine if you, in fact, have a case for constructive dismissal.
Contact Irving Solnik today at (800) 557-0678 or 426-333-8509 to start fighting for your rights as an employee. Call Irving Solnik today or this evening at 416-222-8509 or toll free at 1-800-557-0678 until 10 PM at no cost or obligation and receive valuable advise-FREE!
PERSONAL INJURY AND MOTOR VEHICLE LAW LAWYER
Irving Solnik, arguably the best fifty year Toronto veteran lawyer and founder of the Law Firm of Irving Solnik PC has over five decade of successfully practicing virtually all areas of law including personal injury, motor vehicle, accident law and product liability law.
He is a tough and fearless lawyer who always does what it takes for his clients and thrives on the most difficult cases. His offices are open until10pm seven days a week and he can be reached at 416-222-8509 or 1-800-557-0678 toll free until 10 pm evenings and weekends too.
When you need a lawyer with the experience and skills there is only one to call-Irving Solnik. He is awesome in the courts and at the negotiating tables.
He writes: Sustaining a personal injury as the result of someone’s reckless disregard or negligence can be a frightening and devastating experience. Not only do you have to deal with mounting medical bills and time missed from work, but you must also deal with poor health and a shaky financial future.
In Toronto, personal injury victims are entitled to recover damages from the party responsible for their injury whether the injury was sustained in a car accident, as a result of medical malpractice, a consequence of a defective product or any other circumstance where someone else’s action or inaction caused your injury.
Contact Toronto Personal Injury Lawyer Irving Solnik today at
1-800-557-0678 to schedule an initial consultation.
Depending on the circumstances of your situation, under Ontario law you may be able to collect damages for: pain and suffering, current and future medical expenses, lost wages, legal costs and any out-of-pocket expenses that you may have incurred as a result of your injury.
It is important to contact a Toronto personal injury law firm as soon as possible after your accident to discuss what damages you are entitled to recover and to have a personal injury lawyer in Toronto begin preparing your case.
As you attempt to get better and move on with your life, it is important to understand that you only have a limited amount of time in which to take legal action against the party responsible for your injury. Statutory deadlines in Ontario leave you with only a finite number of days by which you must file a legal complaint against the party responsible for your personal injury and file a claim with the courts.
Time is definitely of the essence when it comes to personal injury litigation and it is imperative that you hire a Toronto personal injury law firm that will make sure legal notices and paperwork are filed in a timely fashion as required by law.
Do not face the sea of personal injury chaos alone. Contact a Toronto personal injury law firm that can help you navigate the rough waters of personal injury litigation and represent you with professional excellence and skill throughout your entire legal proceedings.
The law offices of Irving Solnik Professional Corporation are here to help you through the tough times you face. Call Irving Solnik in Toronto at 416-222-8509 ot toll free at 1-(800) 557-0678 to begin discussing your options today. Free advice by telephone and you don’t pay any legal fees until we have won the case for you.
Motor vehicle including a car accident law in Ontario is complex as our province adheres to a strict “No Fault” policy. This does not mean that fault is never established or blame is never placed on one driver over the other. Rather, it means that each party involved in an accident is eligible to receive some compensation from their own insurance company.
To petition for compensation of losses sustained in a car accident, you must submit an application for Accident Benefits to your insurance company as soon as possible after an accident.
Upon submission of your application, your insurance company may still deny or delay your Accident Benefits, even if the accident was not your fault. This is where car accident advice from a Toronto accident lawyer is useful. Our car accident lawyer at the Toronto law offices of Irving Solnik Professional Corporation will advise you on the best course of action to take for your situation and aggressively fight against INSURANCE COMPANIES to protect your rights.
After an accident see your doctor or the emergency ward of a hospital no matter how you think you feel, then call Irving Solnik.
When your accident is the result of someone else’s negligence you may also be able to pursue tort action against the responsible party.
Generally, this only applies to individuals who have sustained severe and permanent injuries as a result of someone else’s carelessness.
To determine if you may seek damages from the person responsible for your car accident, you should seek car accident advice from a Toronto lawyer that has a deep understanding of Ontario car accident laws and experience handling personal injury cases.
If you have been in a car accident in or around Toronto, contact the law offices of Irving Solnik Professional Corporation to make sure that your rights are protected and that you receive the maximum compensation that you are entitled to under the law.
Our motor vehicle accident lawyer in Toronto, Irving Solnik is well-versed in Ontario’s complex laws regarding such accidents and is adept at handling difficult accident lawsuits. Call us today at (800) 557-0678 to begin discussing the legal options available to you after a motor vehicle accident.
The law offices of Irving Solnik Professional Corporation are here to help you through the tough times you face. Call our personal injury lawyer in Toronto at (800) 557-0678 to begin discussing your options today. Free consultation and you don’t pay any legal fees until we have won the case for you.
THE MOTOR VEHICLE ACCIDENT FUND
The Motor Vehicle Accident Claims Fund (MVACF) is considered to be the "payer of last resort" as it provides compensation to people injured in automobile accidents when no automobile insurance exists to respond to the claim.
The major functions of MVACF are to:
~ provide statutory Accident Benefits directly to victims involved in an automobile accident who have no recourse to automobile insurance
~ to provide compensation for personal injury or property damage to victims involved in an automobile accident with an uninsured or unidentified driver or a stolen vehicle
~ to recover from the owners and drivers of uninsured vehicles monies paid out on their behalf, where legally permissible.
Being involved in a motor vehicle accident of any kind can be a daunting and emotional experience. The police will inevitably become involved in investigating the accident and, for many people this may be their first involvement with the police. The police in Canada will consider whether any charges should be laid and whether the charge should be criminal in nature or a traffic act violation.
It is important to understand what obligations you might have to speak to the police about the accident and in Canada, what type of information you might be required to provide. It is also important for you to understand what use the police can make of the information you give them.
In Canada, do I have the right to remain silent?
Canadian Courts have interpreted s.7 of the Canadian Charter of Rights and Freedoms so as to recognize that every person in Canada has the right to remain silent in relation to a criminal investigation.
As a general rule, no one is required to cooperate with the police during an investigation or provide a statement detailing what they know about the matter under investigation. This general rule applies to any criminal investigation in Canada.
FOR FURTHER INFORMATION AND LEGAL ASSISTANCE CALL IRVING SOLNIK AT (800) 557-0678 OR 416-222-8509.
No comments:
Post a Comment