Call to Learn How We Can Help 613-701-0898 | 866-252-0670
Vice & Hunter LLP

July 2016 Archives

Medical malpractice claims for preventable condition in babies

Even though guidelines for testing have been in place for 10 years, babies in Ontario and other provinces remain at risk for serious complications from untreated jaundice. This is because some doctors fail to follow protocol for testing babies for the common condition during the first 72 hours following birth. The consequences of this oversight can be catastrophic for babies, and the Canadian Medical Protective Association reports paying outrageous amounts in medical malpractice settlements.

Employment News: A temporary layoff may be a dismissal!

In Trites v. Renin Corp, 2013 ONSC 2715, an employment law matter, the Ontario Superior Court gave employers a misconceived confidence that they can lay off employees provided they follow the requirements of the Employment Standards Act, 2000 ("ESA").

Brain research expected to be boosted by new MRI machine

When a brain injury occurs, the way in which it will affect the life of the person who suffers from it will depend on multiple factors including the treatment prescribed. Before a condition can be treated, the extent of the damage must first be identified. When it comes to brain injuries, this is not always easy to do.

Looking to babies to help spinal injury victims walk again

When someone suffers an injury to the spinal cord their life may be changed forever. Among other things, it could render them unable to walk. While some individuals in this situation will never be able to use their limbs again, for others, relearning to walk may be a goal. This, of course, is a challenging endeavour. Researchers located in Netherlands are studying one possible approach.

Can employers end fixed term contracts before the term is expired?

A recent decision of the Ontario Court of Appeal, Howard v. Benson Group Inc., 2016 ONCA 256, has given employers and employees some guidance on early termination of fixed term contracts. Parties to a fixed term employment contract can specifically provide for early termination and specify a fixed term of notice or payment in lieu of notice. However, if there are no specifications on these points, the early termination of a fixed term agreement by an employer can be considered wrongful dismissal. A dismissed employee in this case will likely be awarded compensation for the remainder of their contract. The ramifications for the employer can be significant.

OPP patrol increased over holiday weekend

Each year on the first of July residents throughout the nation celebrate Canada Day. In the course of observing the long holiday weekend, it is not uncommon for people to spend time with friends and family. Regardless of whether people travelled short or long distances to get to these gatherings, there is always a potential that they could be involved in a collision with another vehicle. It is possible these collisions could result in serious injuries to those involved.