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CATEGORIES: Word of the Week

“Equivalent employment” is defined in s. 2 as an “employment of a similar nature to the employment held by the worker when he suffered the employment injury...

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DBDC Spadina Ltd. v. Walton (2018), 2018 CarswellOnt 1571, 2018 ONCA 60 (Ont. C.A.)

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... “job content” means the substance of the job, what the job consists of, or the constituent elements of the job.

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D.W. v. Y.Y. (2018), 2018 BCPC 37, 2018 CarswellBC 367 (B.C. Prov. Ct.)

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Phrase of the Week | Employment Injury

"[E]mployment injury” means an injury or a disease arising out of or in the course of an industrial accident, or an occupational disease, including a recurrence, relapse or aggravation.

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J.A.P. v. M.J.P. (2018), 2018 MBQB 1, 2018 CarswellMan 5 (Man. Q.B.)

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DBDC Spadina Ltd. v. Walton (2018), 2018 CarswellOnt 1571, 2018 ONCA 60 (Ont. C.A.)

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... a fishing expedition is where one party seeks production in order to determine whether it has a case or not. The wider the net is cast with regard to the production request, the greater the likelihood that the party seeking the request is simply engaging in a fishing expedition.

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The concept of “reasonable notice” takes into both the implied understanding at the outset of the employment, as modified by years of service, promotions, and other factors, as well as the actual circumstances existing at the time of termination.

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PREVOST v. PREVOST (2017), 2017 CarswellOnt 15252, 2017 ONSC 5825 (Ont. S.C.J.)

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A “latent ambiguity” exists where the ambiguity becomes clear in the context of evidence.

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Nichol v. Nichol (2017), 2017 MBQB 144, 2017 CarswellMan 496 (Man. Q.B.)

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