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PAYNELAW Trial and Appeal Experience For the Wrongfully Dismissed |
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employment
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WWW.EMPLOYMENTLAWYERS.BIZ ADVICE STRATEGY RESULTS
Mr. Yan David Payne, B.A. (Hons) LL.B., and the Payne Law Team Successfully Negotiate and Settle Hundreds of Wrongful Dismissal Cases Every Year. Those Cases That Do Proceed to Formal Hearing (less than 5%) Benefit From the Team's Winning Trial Record. See a Sample of Recent Decisions in the Adjacent Column. ------------------------------------
"Mr. Payne has represented us on two occasions, once in a contentious monetary dispute and secondly in a complex matter involving formal court process. In both cases, Mr. Payne was effective and successful. I can say with absolute certainty that Mr. Payne kept costs down, removed us from unnecessary emotional involvement, and got favourable results. He has fully earned his reputation as one of the best litigation lawyers available in Ontario. If you have a monetary dispute, I fully recommend that this is the way to go and not with a general practice lawyer. Get the job done, don't waste time, money & energy with 'paperwork tennis'. In today's litigious society, we are proud to have Mr. Payne there to back up our business ethically, morally, and of course financially!"
Ruth Armstrong 2007 and 2008 OHTA Leading Female Rider Owner and Operator of Armstrong Farm
--------------------------------- "... not only is work fundamental to an individual's identity but also that the manner in which employment can be terminated is equally important" Supreme Court of Canada in Machtinger v. JOJ Industries Ltd. [1992] 1 S.C.R. 986
“The point at which the employment relationship ruptures is the time when the employee is most vulnerable and hence, most in need of protection. In recognition of this need, the law ought to encourage conduct that minimizes the damage and dislocation (both economic and personal) that result from dismissal.” Supreme Court of Canada in Wallace v. United Grain Growers Ltd. [1997] 3 S.C.R. 701
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Average Reported Notice Periods Awarded by Ontario Courts for all occupations*
This chart does not constitute legal advice. Please contact Mr. Payne for a daytime, evening or weekend review of your particular circumstances and for a legal opinion of your case. The following court decisions are not indicative of your particular prospects - please arrange an individual consultation for a review of your matter
2011 - Yan David Payne obtains unanimous judgment from the Ontario Court of Appeal, the Province's highest appellate court, obtaining judgment and costs on behalf of firm clients. This following earlier successful motion before same court also granting costs in favour of firm clients.
J.T. v. A.E. Ontario of Appeal File No.C53586 (Full Text Available Shortly)
November 11, 2011 - Superior Court accepts Mr. Payne's submissions on reasonable notice period for two long-serving employees in this unusual summary judgment motion. The Honourable Justice Penny finds that firm clients were each entitled to 22 months pay in-lieu of notice, well in excess of the 8 months paid by employer. Order made despite fact that notice period had not yet elapsed when matter heard by the Court. Employer represented by experienced Bay Street Litigator. Case represents first reported summary judgment decision assessing reasonable notice for employee terminated while on disability leave. No need for pre-trial process or for formal trial. Rai et al. v. Finecraft Fine Jewellery Court File No. CV-10-412224 (Full Text Available Shortly)
August 15, 2011 - Superior Court accepts each and every argument raised by Mr. Payne on behalf of former employees of Suzuki Canada Inc., and rejects all submissions by Defendant Suzuki Canada Inc. and by its Bay street lawyers in this attempt to separate claims brought jointly by former Suzuki employees. Attempt at divide and conquer strategy fails. Decision forces Suzuki Canada to pay its former employees for failed motion and sends a clear signal to all employers that claims may be joined. Draper et al. v. Suzuki Canada Inc. Court File No. CV-11-425347
June 10, 2011 - Yan David Payne obtains unanimous decision from 3-judge panel of the Ontario Court of Appeal, in interim motion, obtaining order and costs on behalf of firm clients against their former lawyer.
J.T. v. A.E. Ontario of Appeal File No.M39998 (Full Text Available Shortly)
June 1, 2011 - Yan David Payne obtains unanimous ruling from the Ontario Court of Appeal, the Province's highest appellate court, confirming client's judgment, costs, and interest exceeding $500,000.00. The Ontario Court of Appeal panel also granted costs of the appeal in favour of firm client. Dardha v. Theodore et al. Ontario of Appeal File No.C51251 (Full Text Available Shortly)
June 2011 -Firm obtains Judgment in favour of firm client for $17,000.00, plus costs. Comeau v. Whiteman Superior Court File No. CV-10-0315-SR
June 2011 - Superior Court issues substantial cost award in the amount of $75,000.00 plus interest in favour of firm client after successful trial led by Mr. Payne.
February 17, 2011 - Firm successfully wins appeal before unanimous 3-Judge Panel of the Divisional Court on behalf of 9-year employee. Divisional Court of Appeal awards costs in favour of Firm Client. Costs, damages, and accruing interest paid in full by Employer and delivered along with positive reference letter as mandated by the Court. Wells v. Metcap Living Management Inc. Divisional Court of Appeal File No.442/10 (Full Text Available Shortly)
January 31, 2011 - Firm lawyers Yan David Payne and Bianca Tse successfully fight off summary judgment attempt by employer seeking close to $1 Million in alleged damages and costs against former Employee. Court dismisses employer's summary judgment motion and allows employee's wrongful dismissal claim to proceed in this detailed 28-page decision, which is now the definitive authority on the new summary judgment rules in Ontario. Losing party, represented by team of Bay Street lawyers, pays cost award. Optech Inc. v. Sharma Superior Court File No. CV-08-362642
2010 - Firm successfully obtains favourable determination under the Canada Labour Code confirming that truck driver is entitled to full rights and protections under the Code. See detailed 64-page adjudication decision. Brouillette v. H & R Transport Limited FM & CS File 2707-8202
2010 - HRSDC decision denying client's EI benefits application rescinded following filing of Appeal to Board of Referees and written submissions by Firm. Matter fully resolved within 8 days. See attached letter from HRSDC confirming rescission of initial decision: Ng v. Human Resources and Skills Development Canada
2010 - Firm enforces settlement agreement against defaulting employer on behalf of former building manager, including additional damage award. Firm successful in obtaining damages, costs, and order for positive reference letter. Wells v. Metcap Living Management Inc. Superior Court File No. 07-CV-343998SR
2010 - Firm successfully appeals denial of EI benefits (based on misconduct) to Board of Referees. Board of Referees unanimously accepts Mr. Payne's submissions, overturning HRSDC's decision to deny. Cao v. Human Resources and Skills Development Canada
2010 and June 17, 2010 - Another Superior Court Trial victory and cost award totaling $30,417.22 plus interest in favour of firm client against vehicle importer. Mohamed v. Nathanial Campbell and Nathanial's Auto Salon Court File No. 09-CV-376395
2010 - Superior Court Judgment in favour of firm client for $36,864.00 plus costs and interest. Yang v. 1549710 Ontario Inc., et. al. Court File No. CV-08-00367200-0000
March 24, 2010 - Superior Court Judgment obtained in favour of firm client for $232,164.08 plus interest. 1684819 Ontario Limited v. Tian Qing Guo and China Buffet Chen Inc. Court File No. 06-CV-312610PD1
2010 - Superior Court agrees with Mr. Payne's submissions, refusing to transfer case to Ottawa. Costs awarded to firm client for wasteful motion. Khamis v. Statel Capital Partners Inc., et al. Court File No. 07-CV-335479SR
2009 - Firm Litigator, Mr. Yan David Payne, wins appeal and award of costs (of appeal and of lower court motion) on behalf of employee before highest appellate court in the Province, the Ontario Court of Appeal, against senior partner of Bay Street firm with 25+ years experience. Read Ontario Court of Appeal Decision: Kelland v. POI Business Interiors Inc. Ontario Court of Appeal File No. C49149
2009 - Firm Lawyer Mr. Yan David Payne wins appeal before Divisional Court of Appeal overturning small claims court judgment against Firm Client and substituting judgment in favour of Firm Client, plus costs in favour of firm Client. Nistap Development Corporation v. McIntyre Divisional Court of Appeal File No. 35/08
Firm obtains 12 months pay-in-lieu of notice ($30,000.00) plus $17,000.00 in compensation for lost tools on behalf of mechanic with 5 years service. Court also awarded costs and interest against the employer. Firm seizes funds from employer's bank account. Superior Court File No. 07-CV-339832SR
Mr. Payne obtains judgment on behalf of a group of former employees in the amount of $80,753.13 plus costs and interest. Employer's appeal attempt dismissed. Judgment and costs fully recovered through enforcement procedures. Janis Valentine et al. v. Gametronics Gaming Equipment Limited. Court File No. 02-CV-239526CM3
Firm successfully argues and obtains Order from Ontario Human Rights Tribunal permitting Human Rights Application against an employer to proceed independently following union's withdrawal of grievance. Client represented by firm in Human Rights proceedings.
Gaudet v. The Ottawa Hospital 2009 HRTO 158
Mr. Payne wins wrongful dismissal trial against major Bay street lawyer of Borden Ladner Gervais LLP's employment law group. Judgment and costs in favour of client. Frank Martino v. Microbix Biosystems Inc. Court File No. T6770/02
October 16, 2009 - Payne Law team obtains Judgment in the amount of $364,180.70 plus costs and interest in favour of firm client who ran gas station. Defendants represented by senior litigator/managing partner of respected litigation firm.
Dardha v. Theodore et al. Court File No. 04-CV-269885CM2
NEWS AND UPDATES Mr. Payne regularly consulted for and featured in major national newscasts and newspaper issues including CBC and the Toronto Star. Mr. Payne primary lawyer featured in law review article in Saturday edition of Toronto Star following in-depth interview.
--- Yan David Payne, B.A.(Hons), LL.B. guest hosts wrongful dismissal and constructive dismissal call-in show for 105.5 CHRY'S Beyond A Reasonable Doubt radio program --- Ms. Megan Oxenham joins management team, having spent the last few years working for bay street firm McMillan Binch Mendelsohn LLP's professional growth and development department and also as "Special Assistant" to the Premier of Ontario. Other Recent Court Decisions Firm successfully obtains the return of over $177,000.00+ in seized funds along with apology from Canadian government on behalf of firm client.
March 10, 2009 - Mr. Payne argues and obtains Superior Court of Justice Order setting aside multi-million dollar judgment in the amount of $5,596,756.86 which was obtained against firm client prior to firm's involvement. Royal Bank of Canada v. Welton et al. Court File No. 06-CL-6797
Mr. Payne comes off major appeal court win on behalf of "underdog" client against major Bay Street firm. As a result of the victory, the major Bay Street firm was ordered to pay costs incurred in the appeal and in lower court proceedings. Cohen v. Borden Ladner Gervais Divisional Court of Appeal No. 426/04
NEWS AND UPDATES December 2008 - Firm successfully argues motion setting aside judgment against firm client despite significant 6-year delay by client in filing a defence, and over 1 year after judgment obtained.
November 2008 - Mr. Payne obtains Certificate of Pending Litigation against Defendant's property, followed by judgment for $90,000.00 plus costs. Endo v. Cai Court File No. 05-CV-94781PD1
Recent Divisional Court of Appeal win by Yan David Payne, BA(Hons.), LL.B. overturning administrative tribunal decision based on fairness, natural justice and errors of law.
November 29, 2007 trial decision of the Honourable Justice Perell, in favour of firm client for judgment exceeding $60,000.00 Defendant's counterclaim is dismissed. Cost award of $38,000.00 awarded to Mr. Payne's client as a result of Defendant's conduct.
See detailed cost endorsement confirming additional $38,000.00 award for costs:
Recent Ontario Superior Court trial win by firm. Mr. Payne represented two of the defendants, successfully defending the action and, more importantly, obtaining money judgments in favour of his clients - a rare result for defending parties. Opposing parties represented by senior member of the Ontario Civil Bar.
Mr. Payne succeeds in restoring client's right to appeal after paralegal's error leads to dismissal of the proceedings. Jozef Maksymiak v. Breakwater Resources Ltd. Court File No. 678/02
Mr. Yan David Payne wins $50,000.00 for client plus interest and whopping $25,000.00 cost award following week-long trial against senior Toronto trial lawyer. Judgment and costs in favour of client. Defendant's appeal dismissed with costs. Ji Jiang Cheng v. Yen Trang Lu Court File No. 04-CV-262457SR
Firm successfully argues before the Ontario Court of Appeal, leading to the Court upholding Mr. Payne's lower court judgment in Ji Jiang Cheng v. Yen Tran Lu as referred to above. Ji Jiang Cheng v. Yen Trang Lu [2006] O.J. No. 4382
Mr. Yan David Payne wins judgment at trial on behalf of clients. Jonhathan Leong et al. v. Torono E. Auto Ltd. et al. Court File No. 04-CV-274070SR
Many more motion, trial and appeal decisions to be posted... Please check back with us!  *Above chart is a partial recreation of chart produced by John R. Sproat in his Wrongful Dismissal Handbook, 2nd edition, 2002 Thomson Canada Limited and based on conclusions reached by Barry Fisher in his article Measuring the Rule of Thumb in Wrongful Dismissal Cases and based on Barry Fisher's review of the Wrongful Dismissal Database which he maintains for the legal profession
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