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Litigation

Jan 27
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Understanding Our Employment Law Intake Process: Common Questions Answered

By Employment Law, Litigation, Workplace Investigations

When reaching out to a law firm about an employment matter, the intake process can sometimes feel overwhelming. Questions like “What is the name of your former employer?” or “What is (or was) your annual wage with this employer?” might feel unnecessary and intrusive. These questions, however, play a critical role in assessing your situation, and help our lawyers determine what available options are worth your time, effort, and resources. Let’s break down some of our common intake questions for employment matters, and explain their significance to our process.

“What is the name of your (former) employer?”

One of the first steps in our process is to conduct a conflict of interest check. As lawyers, we are bound by ethical obligations to ensure we do not represent parties whose interests conflict with existing clients or cases. For example, if we are already representing your employer in an unrelated matter, we would not ethically be able to assist you. Providing the name of your employer ensures transparency and allows us to proceed without breaching this code of ethics.

Rest assured the employer in question will not be contacted by our office about your matter without your consent. Your confidentiality is important to us both morally and ethically as a firm in good standing with the Law Society of Manitoba.

“What was your position with this employer?”

Your job title can provide crucial context about your employment situation. For instance, if you are in a unionized position, you may need to contact your union representative before engaging a lawyer. Unions often have specific protocols and may even offer legal representation as part of your membership.

Additionally, certain positions come with unique legal considerations. Executives or managers, for example, might have signed contracts with restrictive covenants like non-compete or non-solicitation agreements. Understanding your job title helps us tailor our advice and explore the potential avenues for resolving your issue.

“How long have you been employed with the opposing party?” or “What was your annual wage with the opposing party?”

The length of your employment and your annual wage are key factors in assessing your case. For instance, if you were terminated from your job during your probationary period with an employer, there may be limited legal recourse available. Employers often have greater flexibility to terminate employees during this initial period.

Even if you are past your probationary period, the financial aspect is significant. The severance pay you may be entitled to is often calculated based on factors like the length of your employment, your annual income, and the terms of your employment contract. In some cases, the costs of pursuing legal action might actually outweigh the severance amount, and if that appears to be the case, we would much rather let you know before you come in and pay for a consultation.

“Have you signed a written notice of termination?”

This is another question that helps us determine whether legal action is a viable option. If you have already signed a termination notice, your legal options may be significantly limited as many termination agreements include clauses where employees waive their rights to pursue further legal claims. If you signed under duress or without proper understanding, there may still be ways to challenge the agreement.

Closing Thoughts

We understand that losing a job—or facing challenges at work—can be a stressful time emotionally, logistically, and financially. By gathering detailed information at the outset, we can provide realistic advice and focus on solutions that make sense for your specific situation.

If you’re unsure about any part of our process, don’t hesitate to ask for clarification. We’re here to help and ensure you feel informed and supported every step of the way.

Two people in an office meeting
Oct 23
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Can you sue over shared nude photos?

By Family law, Litigation
The distribution of nude photos, legally known as intimate images, without consent is a distressing and violating experience. If you’re currently facing this situation, it’s only natural to feel betrayed, devastated, and uncertain about what steps to take to protect your privacy. So, can you sue for the nonconsensual distribution of intimate images in Canada? The clear and comforting answer is, absolutely, yes.


Consent Is Key


In the context of privacy laws, consent is paramount. Everyone has a right to control how, when, and where their personal information, including intimate images, is shared. Spreading intimate images without consent is not only ethically reprehensible, it’s also illegal in Canada. This form of so-called ‘revenge porn’ can have severe emotional, psychological, and social impacts on victims.

The Criminal Part


In 2014, Canada enacted Bill C-13, otherwise known as the Protecting Canadians from Online Crime Act. This bill criminalized the non-consensual distribution of intimate images. Punishable under the Canadian Criminal Code, individuals found guilty could face up to five years in prison.While criminal charges can give a sense of justice to victims, they may not address the emotional damage and personal trauma inflicted by such violations. Here is where the Canadian civil law can step in, allowing victims to seek damages—both compensatory and punitive—to help mitigate the aftermath of the nonconsensual distribution of intimate images. The Government’s page on it can be found here.

Constructing a Civil Case


In the civil context, the tort of ‘Intrusion Upon Seclusion,’ confirmed by the Ontario Court of Appeal in Jones v. Tsige (2012), plays a critical role. Although this case didn’t involve intimate images, it set a precedent by recognizing the claim for damages under instances of invasion of privacy. More recently, the Ontario Superior Court extended this tort to create a new one: ‘Public Disclosure of Embarrassing Private Facts.’ In Doe 464533 v. N.D. (2016), the claimant sought and was initially awarded damages in total of $141,708.03 after a default judgment for the nonconsensual distribution of intimate images, when the defendant refused to participate in the Court process (the default judgment was subsequently set aside after a motion by the defendant). Manitoba has passed specific legislation called The Intimate Image Protection Act that lays out specifically some of the supports available to people who have had their intimate images shared. It also sets out how those people can sue the ones who distributed them.
You don’t need to prove that there was any damage and it’s important to remember that you do not lose the right to sue just because you consented to the images being made at the time. 

Seeking Legal Help

If you find yourself in this heartrending situation, please know that you’re not alone. The emotional toll from these events can be overwhelming, and having an advocate to lean on during this time can be incredibly comforting. Most importantly, they will help ensure the legal process serves your best interest.Remember, laws are there to protect you. With your lawyer’s help, you can fight for your right to privacy, seek the justice you deserve, and take important steps toward healing.

Final Thoughts

In the face of such intimate violation, you might feel vulnerable and powerless. But rest assured, Canadian and Manitoba laws give you the right to fight back against the nonconsensual distribution of private images. This issue, and the harm it brings, is taken very seriously. With the right legal guidance, you can bring this to the court, seeking compensation for your suffering and, more importantly, reclaiming your sense of control and dignity.In closing, please remember two important facts – you are not alone, and you are not powerless. You have the law on your side, and we are here and willing to help you find your way through this challenging time.

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