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DMC LLP | Dentist Lawyers
“Contractor” Receives Full Termination Pay
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Court Case Reviews

Court decisions are an essential part of the law. They set precedents that help guide decisions in future cases. These are posts where we’ve reviewed court case decisions on topics affecting dentists and dental practice owners in Canada.

We break down the cases and take the legal jargon out of the court decisions to explain how they are relevant to you and your business. Topics include employment and termination lawsuits, landlord and lease disputes, patient complaints, non-compete regulations and more!

Jan 29 2019
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“Contractor” Receives Full Termination Pay

By DMC Employment Law
It is quite common within the dental industry for dentists to hire contractors for the practice.  Associate dentists, hygienists... even sometimes receptionists and assistants. As…
Read More
Jan 14 2019
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Harassment Investigation and Intervener Status

By DMC Employment Law
Consider this scenario: you complete a sexual harassment investigation and, after receiving legal advice, you terminate the harasser for good reason.
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Dec 16 2018
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No Mental Distress in Termination

By DMC Employment Law
An interesting case from BC involved a Court of Appeal overrulling a lower-judge's decision that an employee is entitled to a 5-figure payout for mental…
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Nov 20 2018
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Baseless Lawsuit Against Dentist Thrown Out of Court

By DMC Practice Management
An apparently disgruntled patient of a dentist in Nova Scotia recently had her lawsuit thrown out of court even before she could have it heard…
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Sep 19 2018
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Court AGAIN Confirms that Childcare Accommodation is a Two-Way Street

By DMC Employment Law
We have told dentists several times that employees must co-operate in the accommodation process (like when requesting changes for childcare).  If there is reasonable information that…
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Jul 13 2018
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Court of Appeal Sides With Employer: Termination Clause Upheld

By DMC Employment Law
When it comes to termination clauses in employment contracts, the common (judge-made) law has been turbulent to say the least. We've seen ups and we've seen…
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Jul 04 2018
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Employee Gets a Brake on Mitigation

By DMC Employment Law
We've talked a lot about wrongful dismissal and constructive dismissal over the years and we have touched on the fact that employees who are wrongfully…
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Jun 26 2018
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Ontario Court Again REFUSES to Enforce Non-Compete Clause

By DMC Employment Law
An Ontario Court has again REFUSED to uphold a non-compete clause against an employee. It isn't a surprise to anyone reading this blog (or who…
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Jun 15 2018
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Hygienist Gets 15 Months Pay On Termination Despite Contracts That Said OTHERWISE!

By Michael Carabash Employment Law
The case of Theberge-Linday v. 3395022 Canada Inc., 2018 ONSC 3222 that just came out is SO important for dentists for SO MANY REASONS! This…
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Jun 04 2018
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Here’s what NOT TO DO during a Termination

By DMC Employment Law
A just-released decision of Ontario's Superior Court of Justice has given employers some very clear examples of what NOT to say or do during a termination of an…
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