Biographical notes for Janice Payne

Contributing Editor, Executive Employment (EE) 1994–

"Damages for Wrongful Dismissal May Involve More than Lost Salary" (1994) 1 EE 26

"Temporary Layoffs: Proceed With Caution" (1994) 1 EE 39

"Personal Liabilities of Executives" (1994) 2 EE 54

"Employees Must Understand the Consequences of Not Acting to Minimize Losses After Dismissal" (1995) 2 EE 95

"Employer and Newly Recruited Employee Could Be Liable to a Former Employer" (1995) 3 EE 127

"Public Bodies Must Provide Employee Hearing Before Termination Decision" (1996) 3 EE 145

"Sexual Harassment Will Not Always constitute Cause for Dismissal" (1996) 3 EE 156

"Employers Can Recover Damages Resulting from Short Notice of Resignation" (1997) 4 EE 186

"Disabiliuty Benefits/Workers' Compensation Benefits/Severance Benefits – Who Gets Credit for What and When"" (1997) 4 EE 230

"Courts Disagree on Deductibility of Disability Benefits" (1998) 5 EE 254

"30-Month Notice Period Awarded in Ontario" (1998) 5 EE 276

"When is a Lay-Off a Termination" (1999) 6 EE 303 (co-authored with Cheryl A Foy)

"Employment Insurance Decisions Unlikely to Bind the Parties in Subsequent Wrongful Dismissal Action" (1999) 6 EE 321

Born 29 September 1950

Educated Carleton University B.A. 1974 (Awarded in 1974 for 1968-71 years of study); University of Ottawa LL.B. (Magna Cum Laude) 1974

Partner, NelliganPower 1981–

Associate with present firm 1976-81

Called to the Bar of Ontario 1976

Articled with present firm 1974-75

Director, Advocates Society 1998–; Ottawa Chamber Music Society 1998–

Past Director, Canadian Condominium Institute (CCI), Ottawa 1985-96; CCI National Board 1987-96

Past President, CCI National 1995-96

Chair, National Canadian Condominium Conference (Toronto) 1994

Director, Ottawa-Carleton Economic Development Corp. (OCEDCO) 1992-95

Author, various articles, papers and publications, and frequent speaker on employment and condominium matters

Ms. Payne's practice is in the field of civil litigation and she is experienced in a number of different areas. Her primary focus over the last few years has been on her employment (employer and employee) clients. For any years, she also pursued a specialty in comdominium law. She has broad experience before administrative tribunals and before the courts at trial and at appellate levels. Some of her condominium decisions have been leading cases, particularly with respect to the fiduciary duty owed by the condominium developer and claims under the Ontario New Home Warranties Plan Act. On the employment side, she handles a complete spectrum of cases in the private and public sectors including wrongful dismissal, workforce adjustment, non-competition, pensions and benefits, disability claims, human rights cases, pay equity and workers' compensation. Her employment cases have also been leading decisions in the areas of procedural fairness, the liability of Crown agents as employers and wrongful dismissal damages.