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	<title>Leslie J. Smith</title>
	<link>http://www.lesliejsmithlaw.com</link>
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		<title>Procedurals Tips for Small Claims Court Actions (2008)</title>
		<description><![CDATA[This article is written for those interested in commencing Small Claims Court actions.
Having spent enough time in that court and watching what goes on, I can say without hesitation that most litigants are unrepresented and have not sought a legal opinion on their case. I believe that people think they are saving money by not [...]]]></description>
		<link>http://www.lesliejsmithlaw.com/procedurals-tips-for-small-claims-court-actions-2008/</link>
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		<title>Rules of Evidence for Small Claims Court (2008)</title>
		<description><![CDATA[Here are some helpful hints on the rules of evidence in Small Claims Court.  Evidence as a subject matter may not be a flashy topic but evidence is the backbone of any trial.  You can have the most wonderful claim on earth but if you cannot prove it with documentary or oral evidence, [...]]]></description>
		<link>http://www.lesliejsmithlaw.com/rules-of-evidence-for-small-claims-court-2008/</link>
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		<title>Another Look at Wallace Damages: Mulvihill v. City of Ottawa (2008)</title>
		<description><![CDATA[In my article in September of this year, I reviewed the recent decision on Keays v. Honda Canada Inc. in which the Supreme Court of Canada changed the landscape of damages for bad faith dismissal from employment.
At the same time that the Keays case was making its way to the Supreme Court of Canada, the [...]]]></description>
		<link>http://www.lesliejsmithlaw.com/another-look-at-wallace-damages-mulvihill-v-city-of-ottawa-2008/</link>
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		<title>Why You Want to Have a Power of Attorney (2008)</title>
		<description><![CDATA[I recently called the Office of the Public Guardian and Trustee in Ontario (“OPGT”) to discuss generally, their role in people’s lives where they become incapacitated and unable to manage either their property or personal care.  Here is what I learned in respect to the OPGT becoming a statutory guardian of property.
The OPGT considers [...]]]></description>
		<link>http://www.lesliejsmithlaw.com/why-you-want-to-have-a-power-of-attorney/</link>
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		<title>Update on &#8220;Wallace Damage&#8221; (2008)</title>
		<description><![CDATA[Some of you may have heard of “Wallace Damages” that were available within wrongful dismissal cases.  They were damages designed to compensate an employee who was subjected to “bad faith dismissal” tactics of their employer.  Wallace damages arose out of the 1997 case of Wallace v. United Grain Growers.  In that case, [...]]]></description>
		<link>http://www.lesliejsmithlaw.com/update-on-wallace-damage-2008/</link>
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		<title>Damages (2007)</title>
		<description><![CDATA[Most indefinite-term employees who are fired without just cause are entitled to reasonable notice of the termination or pay in lieu of notice as determined by the common law. Usually, this type of case can be settled. When it can&#8217;t however, the employee is entitled to commence a lawsuit for damages for wrongful dismissal. Most [...]]]></description>
		<link>http://www.lesliejsmithlaw.com/damages-2007/</link>
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		<title>Disciplinary Suspensions (2007)</title>
		<description><![CDATA[When an employee commits an act that requires discipline, can an employer institute progressive discipline such as an unpaid suspension without it being considered a constructive dismissal?
Firstly, progressive discipline is widely understood to mean the process by which an employer evaluates, measures performance and addresses any deficiencies in performance with the employee. The objective of [...]]]></description>
		<link>http://www.lesliejsmithlaw.com/disciplinary-suspensions-2007/</link>
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		<title>Fixed-Term Contracts (2007)</title>
		<description><![CDATA[Most employees are hired as &#8220;indefinite-term&#8221; employees meaning that when their employment commences, there is no identified end-date to the employment. At common law, this type of employment may only be terminated upon reasonable notice provided there is no just cause for summary dismissal. In contrast, fixed-term contract employment implies that at the beginning of [...]]]></description>
		<link>http://www.lesliejsmithlaw.com/fixed-term-contracts-2007/</link>
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		<title>Insolence (2007)</title>
		<description><![CDATA[Very few employees are secure in their jobs in today&#8217;s marketplace, which makes for an overall feeling of anxiety. Sometimes, this anxiety can build to such an extent that the employee &#8220;melts down&#8221;. Some people internalize stress becoming physically or emotionally ill. Other employees externalize stress resulting in untoward comments or outbursts at the workplace. [...]]]></description>
		<link>http://www.lesliejsmithlaw.com/insolence-2007/</link>
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		<title>Outside Activites as Just Cause for Summary Dismissal (2007)</title>
		<description><![CDATA[One of the implied terms of any employment contract is that the employee will not do anything which is prejudicial or detrimental to the interests or reputation of the employer. Certainly, if an employee does something while in the course of his or her employment that is prejudicial (embezzling funds, for example), then no one [...]]]></description>
		<link>http://www.lesliejsmithlaw.com/outside-activites-as-just-cause-for-summary-dismissal-2007/</link>
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