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PAYNELAW Trial and Appeal Experience For the Wrongfully Dismissed |
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WWW.EMPLOYMENTLAWYERS.BIZ ADVICE STRATEGY RESULTS
"... 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
"In my opinion, to ensure that employees receive adequate protection, employers ought to be held to an obligation of good faith and fair dealing in the manner of dismissal, the breach of which will be compensated for by adding to the length of the notice period." 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. Recent Employment Law Decisions Firm lawyer Tina Lee obtains whopping 12 months pay-in-lieu of notice plus $17,000.00 in compensation for lost tools on behalf of mechanic with 5 years service. Court also awarded costs against the employer. Firm seizes funds from employer's bank account. [Link coming soon] Mr. Yan David Payne, BA(Hons.), LL.B. 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 [Link coming soon] Mr. Yan David Payne, BA(Hons.), LL.B. obtains judgment on behalf of group of wrongfully dismissed employees. Judgment and costs in favour of clients. Employer's appeal attempt dismissed. Janis Valentine et al. v. Gametronics Gaming Equipment Limited. Court File No. 02-CV-239526CM3 [Link coming soon] NEWS AND UPDATES Mr. Payne primary lawyer featured in law review article in Saturday edition of Toronto Star on February 2, 2008, 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. Tina Lee, Barrister and Solicitor, joins firm as trial and appeal lead associate. Ms. Lee brings her trial and appeal experience having managed the litigation department at a private Toronto boutique law firm. Read a recent Ontario Court of Appeal decision successfully argued by Ms. Tina Lee, upholding Mr. Payne's lower court judgment
Firm lawyer Tina Lee obtains whopping 12 months pay-in-lieu of notice plus $17,000.00 in compensation for lost tools on behalf of mechanic with 5 years service. Court also awarded costs against the employer. Firm seizes funds from employer's bank account. [Link coming soon] --- 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.
RECENT APPEAL WINS Yan David Payne, B.A.(Hons), LL.B. 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.
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.
Mr. Yan David Payne, BA(Hons.), LL.B. succeeds in restoring client's right to appeal after paralegal's error leads to dismissal of the proceedings..
Ms. Tina Lee successfully argues before the Ontario Court of Appeal, leading to the Court upholding Mr. Payne's lower court judgment. Ji Jiang Cheng v. Yen Trang Lu [2006] O.J. No. 4382
RECENT TRIAL WINS November 29, 2007 trial decision of the Honourable Justice Perell, in favour of firm client for judgment exceeding $60,000.00 stemming from international transaction between the parties. 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 Yan David Payne, BA(Hons.), LL.B. 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.
Mr. Yan David Payne, BA(Hons.), LL.B. 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 [Link coming soon]
Mr. Yan David Payne, BA(Hons.), LL.B. wins week-long trial against senior 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
Ms. Tina Lee successfully argued 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
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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