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Court /Tribunal Cases and other News
- with outcome:
_______________________________________________
Australian Nannie
Victim, gets to recover
$5,000.USA money paid to a Canadian Employment Agency- G. Pawson (Defendants)
in Brampton Court, Ontario Canada. "Thanks to the world of Internet
also thanks to a honest legal firm as A1 Legal Services who did the
work for me, says Leonor O'Grady (Plaintiff). I am currently trying
to work out ways of alerting your government to Pawson's scam who
make easy money from desperate people on the basis of the government
overseas workers Living Caregiver Program, and many thanks
again for your help." say Leonor, in one of her e-mail to Lincoln
Allen, A1 Legal CEO. -- read more at bottom of page .......
_______________________________________________
August 17, 2005 - The Wrongful Dismissal:
NURSING SECRETARY AWARD ONE MONTH
PAY FOR THE WRONGFUL DISMISSAL
Court file # 02-BN-11316
Superior Court of Justice (Brampton Small Claims
Court)
Laura Lynn Q.Molnar -Plaintiff
vs.
The Wenleigh Nursing Home - Defendant
Summary of Case: On or about April 2001
the plaintiff acquire a part-time position with the defendant and
work in the capacity as a unit clerk and on or about January 2002
obtained a full - time position as a full-time position as a Nursing
Secretary. The plaintiff states that she was off work for holidays
from August 8 to August 14th 2002 as agreed by the defendant the plaintiff
got married on August 10th 2002 and return to work very soon after.
The plaintiff states that on August 20th 2002 she felt ill in the
afternoon and had to attend to her family physician that assessed
her as unable to work August 21st and 22nd, 2002. The plaintiff informed
the defendant of her unavailability to work due to illness. The plaintiff
states that on August 22, 2002 in the afternoon she received a telephone
call from the supervisor advising her not to come in on August 23,
2002 for her schedule shift, the plaintiff later showed up for work
and was handed a letter of immediate termination.
Judgment: The plaintiff was employed
with defendant part-time as a unit clerk for approximately nine months,
the full time as nursing secretary for seven months, until her termination
on August 22, 2002. At the time of her termination, she was about
24 years old, earning $13.57 per hour, for 37.5 hours per week.
The plaintiff claims for severance pay of $555.50, wrongful dismissal
notice of three and a half months wages for $7,388.50, outstanding
vacation pay of $555.00, and punitive damages of $1,500.00.
The precipitating event for the plaintiff's termination appears to
be her absence due to illness on August 21 and 22, 2002. There is
some disagreement as to whether the plaintiff resigned or was terminated.
It also appears that the plaintiff called to advise she would not
be in to work on August 22, 2002, but the message did not make it
to her immediate supervisor until some time later. In the interim,
the defendant's administrator found several of the plaintiff's personal
computer files on the office computer used by the plaintiff, which
lead to the inference that the plaintiff was spending considerable
work time on personal matters.
The defendant provided one weeks' pay at termination in the amount
of $506.73, plus a cheque for $202.68 for August 19 and 20/02 (unpaid
days worked), both of which the plaintiff cashed.
The defendant states that the plaintiff had already taken more than
her allotment of two weeks vacation time at the time of her departure.
After a review of the evidence, I find that the plaintiff was terminated
rather than having voluntarily resigned. Her termination was not for
cause. In fact, the defendant probably did not follow its own internal
procedures of giving progressive discipline to an employee prior to
termination. Even if this internal procedure did not apply to the
plaintiff, it would have been prudent. Also, the use of the computer
by the plaintiff was not a sufficient reason for immediate termination.
As a result, I find that the plaintiff is entitled to reasonable notice
of termination.
The plaintiff worked for the defendant for a total of one year and
four months, of which nine months was part-time employment. I find
that the plaintiff is not entitled to vacation pay, having already
received it for the year. Severance pay is not applicable, as was
alleged by the plaintiff, and I do not find that the circumstances
of this case warrants an award of punitive damages.
I find that a reasonable period of notice in this case is one month.
The plaintiff has already received $506.73 for one weeks' pay. I award
the plaintiff a further three weeks pay, which, at $506.73 per week,
totals $1,520.19.
Given that the offer made by the defendant was in excess of this
decision, it is appropriate that the Defendant receive costs of this
action which I set at $300.00 inclusive of fee and disbursements.
Lincoln Allen, Legal Rep. for Plaintiff
Syll Kushner, student-at-law, for the Defendant
Foot Note: The Plaintiff was presented
with an offer to settle by the Defendant in the month of May 2001
in the amount of $3,500.00 all inclusive. The Plaintiff refuses to
accept the offer and proceeds to trial.
June 16, 2005 -The Caribbean Camera
News:
REFUGEE WHO CLAIMED DRUG LINK WITH
BARBADOS COPS KILLS SELF IN HALIFAX:
Immigration didn't believe his story, says lawyer...
The reported suicide of a Barbadian immigrant in
Nova Scotia is being linked to a drug scandal involving members of
the Royal Barbados Police Force.
The island's Police Commissioner Darwin Dottin said
he would be looking into allegations and the circumstances surrounding
the death of 47 year-old Lincoln Irving Weekes since, if left unchecked,
it could erode public trust in the force.
Weekes, who lived in Dartmouth, in Halifax, Nova
Scotia, was found dead in his Gaston Road apartment early last Friday,
just hours before he was to be deported.
When Weekes did not answer his door at 4 a.m, source
said, immigration officials left and returned a few hours later with
Halifax Regional Police. That was when they found the body.
Weekes, a diabetic who was dependent on insulin,
applied for refugee status in 2001, but was denied when Canadian immigration
officials failed to believe his life was in danger in Barbados.
Friends said he feared for his life having witnessed
a drug deal involving police in Barbados.
Eva Osorio, who worked at the Halifax Refugee Clinic,
met with Weekes last Thursday and said: "He clearly told me:
'I'm too old, I'm too sick to run away. I have nothing to go back
to. If I go back, I will be killed. I'm not running away. I'm not
hiding'."
It is reportedly rare for Barbadians to request refugee
status in Canada, the last time being about ten years ago.
Weekes' immigration lawyer, Lee Cohen, raised questions
about his death. He said considering his client's depression, "it
would be an enormous coincidence if Lincoln Weekes died of natural
causes hours before he was to be deported to a place where he thought
he was going to be killed".
Lincoln Weekes was extremely distressed with the
way the immigration process went in this country for him. He was very
frustrated that he was not believed by the refugee board. He told
a genuine, believable story that was not accepted by the board,"
Cohen added.
"They asked him a question that he answered
honestly, and immigration, instead of asking the next necessary question,
automatically interpreted his response as a refusal to leave. Therefore
he's a flight risk; therefore they put him under arrest. That was
the first chapter of the demise of Lincoln Weekes."
Cohen said his client was not able to maintain his
special diabetic diet in jail and became despondent. He was released
last Monday after Cohen successfully argued he was being wrongfully
detained but then reportedly killed himself when he realized he was
going to be sent back to Barbados.
________________________________________________
Law Times-January 31, 2005 -Canadian HR Reporter:
BUSY YEAR ON LEGAL FRONT:
Privacy, 'Corporate Killing' and bulling dominate..
On the employment law front, 2004 was a particularly
interesting year. The new federal privacy law came into force, and
British Columbia and Alberta passed similar legislation. It didn't
take long for the first employment-related privacy complaints to be
filed.
Bill C-45, also known as the "corporate killing"
law, became the law of the land, allowing criminal charges to be filed
against coworkers, supervisors and executives in occupational health
and safety accidents.
Quebec passed a new law pushing workplace bullying
into the spotlight and the province expects more than 2,00 complaints
in the first year. The psychological harassment law gives the province
the power to order fines, punitive damages and the reinstatement of
employees.
Compassionate care leave legislation rolled across
the country, as many jurisdiction put in laws that allowed employee
to take unpaid job-protected leave to care for a dying family member.
Mandatory retirement was also a hot issue.
There were a number of what can only be described
as outrageous human rights cases, showing that not every employer
has yet made the leap into the 20th century, let alone the new millennium,
when it comes to proper behavior.
Here's a look at some of the more interesting employment
law cases from the past year:
ADJUDICATORS CAN AWARD DAMAGES WITHOUT
REINSTATEMENT:
Gannon v. Canada (Attorney General), 2004 FC 1532
(fed. T.D). This Federal Court of Canada case upheld the right of
adjudicators to award damages in lieu of returning an employee to
the job, even if the adjudicator rules dismissal was too severe a
penalty.
Carl Gannon, an HR advisor in the human resources
division at a naval base in Halifax, was fired for unethical behavior.
He had been suspended for forging a signature on a letter written
on Department of Defence letterhead that inaccurately stated his salary
for the purposes of a child support hearing. Less than two weeks after
that suspension, he submitted a falsified resume to another government
department indication he had obtained a degree from Halifax's Dalhousie
University with a specialization in HR management. He hadn't.
Later Gannon recommended a former lover for a position,
but did not tell anyone he had been in a relationship with her that
resulted in a child or that there were outstanding child care issues
between them. The woman was hired and Gannon began intimidation her,
telling her that he controlled her employment and that if she revealed
their prior relationship, she would lose her job.
The court ruled the adjudicator was right in awarding
damages and not returning him to his job, even though she felt dismissal
was too severe a penalty. Gannon's superiors had lost trust in him,
and the court said that because the employment relationship was so
fundamentally breached by the employee's conduct, it could not reinstate
him.
__________________________________________________
Law Times- January 24, 2005 Issue.
CBA TO OFFER FREE IMMIGRATION ADVICE.
The Canadian Bar Association's
immigration law section is offering to review immigration applications
at no charge for Canadians and permanent residents in Canada who want
to sponsor family members living in areas affected by the recent tsunami
in the Indian Ocean
"We wanted to put our expertise to work to help
in the relief efforts. Our initiative has the double benefit of assisting
those in the stricken areas as well as those in Canada", say
Edmonton's Wendy Danson, head of the
immigration law section.
Some 75 CBA member immigration lawyers from across
the country are offering to help review the completed applications
and necessary paperwork in context of the Government of Canada's emergency
relief program. Applicants will be responsible for filing their forms.
____________________________________________________________________
Money Theft Case - (Superior of Justice) Brampton,
Ontario
Case # 01-BN-11258
June 24, 2002 - Who is responsible for the missing
money from bank machine Q&A.
Mandeep Panesar (Plaintiff)
vs.
Royal Bank of Canada (Defendant)
Summary of Case: On October 20, 2001
the plaintiff filed a claim against the defendant. The defendant realized
that the said plaintiff had a sum of $9,292.71 missing from her bank
account. Upon complaints to the bank directly, she was advised that
pending an internal investigation, if it was satisfied that the plaintiff
did not make any withdrawals, then the defendants would reimburse
the plaintiff the money. Videotapes were reviewed in order to ensure
that the plaintiff was not responsible for the funds missing from
her account. The plaintiff swore and signed an Affidavit to support
her innocence in addition to the outcome of the investigation, which
showed the plaintiff was not responsible. The plaintiff was asked
by the defendant to report the missing funds to the police. The plaintiff
complied to the request. The plaintiff was then redirected to the
Fraud Bureau who advised her that the defendant is responsible. The
plaintiff was also advised that the defendant is responsible for handling
the case and resolving the issue. The plaintiff did not receive any
of the promised funds, and as a result requested to commence legal
proceedings against the said defendant.
Conclusion: Case was heard in
Brampton Small Claims Court. on June 24, 2002.The plaintiff
was awarded payment from Royal Bank of Canada (defendant) in the sum
of $8,828.07 (Eight Thousand and Eight Hundred and Twenty Eight Dollars
and seven cents). This sum was to settle the matter, of Claim.
Lincoln Allen, Legal Rep. for Plaintiff
Name of the Counsel for Defendant --withheld
++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
:August 27, 1998- C.P.P.)
CANADA PENSION PLAN
Case-IN THE PENSION APPEALS BOARD
August 27,1998
RE: THE CANADA PENSION PLAN
BETWEEN: IOLANDA
DIONISI(Appellant)
vs.
THE MINISTER OF HUMAN RESOURCES
DEVELOPMENT (Respondent)
Conclusion:
DECISION: The parties having
consented to judgment in the above-mentioned appeal and said Consent
to Judgment having been submitted to and approved by the Chairman
of the Pension Appeals Board.
THIS BOARD DOTH ORDER AND ADJUDGE that this appeal be and
the same is allowed, that the decision of the Review Tribunal be and
the same is varied and, proceeding to make the determination which
should have been made by the said Review Tribunal dated the 31st day
of October 1993, DOTH DECLARE that the Appellant became disabled
within the meaning of Section 42(2)(a) of the Canada Pension Plan
in the month of December, 1995, and that she is entitled to a disability
pension under the said Plan commencing in the month of April, 1996.
Lincoln Allen, Esq. Legal Rep. for Applicant.
______________________________________________________________________
News BY: SHARE
NEWSPAPER
: July 6,1995 -Third Time Lucky
Immigration Law:
Mufutau Agboola Adebayo
vs.Canada Citizenship Immigration:
Case and outcome; As Published in the Share
News Paper July 6, 1995 by Ron Fanfair (Press Writer):
Third time lucky!
A Nigerian, whose application for refugee status in Canada was turned
down twice, is being allowed to remain on humanitarian and compassionate
grounds. Mufutau Agboola Adebayo fled his homeland in 1993, after
President Ibrahim Babangida caused the annulment of the general elections
almost certainly won by publishing magnate Moshood Abiola. Babangida
was subsequently replaced, as was his successor, and General Sani
Abacha took over with a military government, which is still in power.
Claiming that he was being targeted by the military government, Abebayo
fled to the United States before entering Canada, where he quickly
applied for refugee status. He was refused recognition as a Convention
Refugee in March, 1994, and his request to appeal the decision to
the Immigration and Refugee Board was turned down. Facing a deportation
order, Adebayo turned to A1 Legal Services for help. "We were
his last line of hope," said Lincoln Allen, the director of the
Scarborough-based Paralegal Agency. "I recognized that he had
a case for humanitarian and compassionate grounds, and promptly pursed
a well mapped out course." Immigration
Canada heard the case and ruled that Adebayo
can remain in Canada. "This
case clearly shows that here is a place for Paralegals in the legal
system," said Allen. The Jamaican-born counselor stressed that
preparation was the key to the Adebayo case. "We got clippings
from newspapers, which recorded the problems in Nigeria, and also
presented transcripts from his courses, because he was attending continuing
education classes here," Allen explained. Adebayo, who is single
and is employed as a general helper at Bay Form Mill, he intends to
pursue his education and reunite his family, which is still in Nigeria.
Lincoln Allen, Esq. Counsel for Mr. Adebayo
_____________________________________________
Employment Law;
Case's of the Month; November 2003 and Outcome.
No.41013043
RE:Employment Standards Act, 2000. Issue (Pregnancy Leave)
Biring (Employee) vs. Woodbridge
Montessori School (Employer)
Panel Member: Ministry of Labour - Employment Standards Officer
Woodbridge Montessori School ;Rep. Owner of Employer
Conclusion: Case heard in
Newmarket, Ontario on November 19, 2003, Settlement reach the Employer
to pay the Employee an undisclosed sum of $$$ under the E.S.A. Sec.
112(1). Facts withheld.
Lincoln Allen, Esq. Legal Rep for Claimant
Mrs. P. Biring
____________________________________________________________________
--Case Laws-Court
Decision - Judgment- Outcome Media news.;
Case #1 Court file # T-69369-02
:Civil Litigation (Superior Court
of Justice)Toronto, Ontario Canada
A1 Legal Services & Training Ltd. CASE OF THE YEAR 2003 (Final)
Peter A. Black vs. Model Quest International
Scouts (MQIS) a.k.a. Lovenow.com. The
Peter A. Black case make's history in the Toronto Small Claims Court.
Mr. Black decided to take MQIS to court after he answered to a newspaper
ad "for male models wanted to shoot porn movies". Mr. Black
jumped to the opportunity and invested about $2,500.00 and was told
that he would make $500.00 to $1000.00 a day staring in bed with a
beautiful woman. He pursued with this venture and later found out
that the Defendant was jerking him around he was fortunate to observe
an editorial in the Toronto Sun Newspaper by one Mike Strobel (writer)
who has been monitoring and investigating the Defendant's behavioral
patterns for years, he later contacted the legend of A1 Legal Services
and launched the maximum claim of $10,000.00 against the Defendant,
interestingly the Sun writer Mr. Strobel was fascinated about the
case in that he has been writing series of stories on the Defendant
for some time. The first series about Peter Black was published on
July 3, 2003 bearing headline as "Best-Laid Plans" would-
be porn star feels let down.--- The second was on July 7, 2003 with
headline "Peter lays out case-porn star seeks justice in Small
Claims Court".--- The third segments on July 10, 2003 with heading
"The Peter Principles - A stars 10 tips for achieving stardom
in the porno film business.--- All of this led Mr. Black to a live
Radio interview with Humble and Fred on MOJO Talk Radio, who asked
the Plaintiff what was it like?, What qualified you as a porn star?
and so on.--- Notwithstanding the latest media to jump on the Peter's
Wagon was some what surprisingly, in that the Toronto Life Magazine
wanted a piece of the media porn frenzy and published the story in
the January 2004 Issue see page 81, titled "WE'VE GOT WOOD 111".---
In addition another segment by Mike Strobel was posted in the Toronto
Sun on January 6, 2004 titled "XXX-TREME FAILURE -Turns out,
porn doesn't sell on Yonge St. " The Legal counsel for the Defendant
is optimists that a settlement can be reached on this case which is
rescheduled for trial late February 2004. Now Lincoln Allen, Esq.
the legal rep. for the Plaintiff does have his hands full and is hoping
that a settlement can be reached, and was asked by Mr. Black what
next is forthcoming or to be published? The answer to Peter after
reading my crystal ball on the desk is that he should seriously considering
finding a creditable casting Agent to do a true story (movie) of this
sex ordeal. I am positive he would make an excellent candidate for
the porn industry. His DVD'S are ready to be purchased if you need
one -- Note; to have real fun of the action --upon viewing it would
be a good idea to have some chill ice wine handy. On conclusion, we
do have our eyes and ears open, hoping that a Hollywood Film Producer's
in the film industry or (some spectrum) will hop on this venture,
seeing that this is the right time to do so, everyone is " HOT
HOT" or possible a book deal could be in the works. And why not?
He's a camera-ready guest with a lot of experience and potential.
Now the intake department at A1 Legal Services is busy with other
individuals who are also looking for their DVD'S, funds and royalties
from the company.
Good Luck Peter.
Case concluded and end on Feb. 25, 2004
- See - read article from Mike Strobel in Toronto Sun Newspaper on
Feb.26, 2004. Page 12.
Sex that didn't sell--!!!
For a wannabe porn star, suing the Toronto production
company provides his only relief:
"No more porno biz for me," says Peter A. Black. He says
this though he has just won his case against MQIS Inc., AKA love-now.com,
in a sort of split decision. MQIS AKA is a porn-production outfit
operating from a Sheppard Ave. W. bungalow. I first wrote about it
in January 2002. You may recall I was up for a role in Phys-Ed
101. Leila, a leggy casting director, said old bald guys were
all the rage in porn. The price of fame? Five bills for $2,500 to
invest in my own first flick. Payment? A hundred DVDs of Phys-Ed
101, which I could sell, for a tidy profit, to family and friends.
What a deal, eh? Well, lots of fellas bit. Black, 36, is the first
to sue. He took MQIS AKA to small claims court, seeking $10,000 for
breach of contract. He got screwed, he said, and he didn't just mean
for his debut in the DVD Body Shop. It was shot mid-2001. You
can imagine the courtroom yesterday. I keep waiting for Jerry Springer
to bound in. Regular Joes Who Wanna Be Porn Stars! Or for Madame Justice
Pamela Thomson to bust out laughing. "So there's a script?"
she asks dryly, as Sam MacMurchy tells how he directs/shoots MQIS
films for a mysterious Costa Rican company called Rainforest Dreams.
Thomson is a sharp knife. She could be a Judge Judy. "Does the
script have a plot? Does it have dialogue?" Her eyes are grinning.
"Absolutely,"says MacMurchy, though Black remembers the
dialogue as mostly grunts. MQIS, or NMST or whatever it's called now,
is represented by the magically named Romeo Finder. He is your classic
tailored lawyer. Black, says Finder, "was never promised he was
going to be a star. "He knew exactly what he was getting into."
A contract is a contract. He says his client promotes DVDs, including
Body Shop, on assorted Web sites. Lo and behold, he brings Black's
first royalty cheque to court, $153.47. Black has hired lanky Lincoln
Allen, a Scarborough Paralegal. Black testifies he has struggled to
sell 100 DVDs. Finally, he unloaded three dozen on a downtown adult
magazine store. For a buck each. I do not know how other Body Shop
stars are faring. It features "35 Fresh New Faces in Sizzling
Action." The MQIS spiel suggests you can get up to $80 a pop.
Black's only big sale, $50, was to a newspaper columnist researching
the case. Me. I cannot bring myself to watch it. Nor have I figured
out how to expense it. MQIS still operates, as NMST, a stone's throw
from the courthouse. Thomson lays into 'em. Of the portfolio pitch,
she says: "This is a famous ploy of some modeling agencies, most
of which have thankfully been put out of business." But it's
the method of payment that wins Black the case. The MQIS contract
says the 100 DVDs cover your investment and a juicy sounding
$1,000-a-day acting fee. Black is out of luck on the former, rules
Thomson. An investment means risk. "It is not the job of the
court or of the law, " she says, "to protect people from
themselves." From "the human qualities, which we all have,
of vanity and greed." The $1,000 wage offer is another matter,
the judge says. The DVDs, especially when they sell for a buck or
two, are no substitute. She awards Black $1,000, plus costs. So, where
is our friend Peter? He didn't get jobs 10 grand. But he keeps the,
oh, $150 he made peddling Body Shop. He has another one to
sell, now that Exhibit 8 has been returned to him. He has that first
royalty cheque, with hopes of more. And now he gets $1,000 for having
had sex with a redhead in a North York condo. Not too shabby. What's
your next career move, Peter? "Maybe something in construction,"
he says.
Lincoln Allen, Esq. Legal Rep. for Plaintiff
Mike Strobel's Sun column runs daily, Monday to
Thursday. Call him at 416-947-2265. Email: mike.strobel@tor.sunpub.com
Toronto Life January 2004 Issue
page 81- comments as follows:
WE'VE GOT WOOD 111
Goodwill employee Peter A. Black -----
Note: for inquires and comments etc. info@a1legalservices.com
Tel: 416-751-1712
Toll free 1-888-534-2579
**********************************************************************
!!!How the Internet
help victim's in other part of the world.!!!
An Australian took Canadian Employment Agency's to
the SMALL CLAIMS COURT. -an won:
Amended Statement of Claim Filed in Brampton Small
Claims Court on August 15, 2006. Matter settled on October 11, 2006.
Court file # SC-06-648-00
Between: Leonor Nacua and Joan Nacua (Plaintiffs)
-and-
The Ontario Employment Agency Inc., Gorgina Pawson
Consulting Inc. and Gorgina Pawson (Defendants)
The Plaintiffs claim a return of funds in the amount
of $5,000.00 USA currency. From the Defendants.
The Plaintiffs resides in Australia and retained
the services of A1 LEGAL SERVICES via Internet to pursue action in
the Brampton Court to recover money paid to the Defendant for Living
Care Giver Program - authorize by HRDC.
The Plaintiffs signed agreement and deposit funds
in Pawsons personal account - but nothing materialized for years only
when A1 Legal Services receive an e-mail from a worried client in
Australia pleaing & asking for help to recover money because they
consider them self a victim in scam operating in Ontario, Canada.
Note; The Director Lincoln Allen, had no other choice but to help
these people and eventually file a claim in the Superior Court in
Brampton Ontario. Aug./06 this resulting in a settlement reached via
(pre-trial) on Oct./06 in which the Plaintiffs recover $4,500.00 US
from Pawson the key Defendant in this action.
Conclusion: THE PLAINTIFFS THANK A1 LEGAL and Lincoln
Allen, CEO for doing a great work; The Internet can help people far
away; It's a God send. said the Plaintiff.
"Comments" from Plaintiffs via e-mail-
October 22/06
|
SEE WARNING PRIVACY POLICY DISCLAIMER IN LEGAL-ONLINE"Link
