Melanie Henriques

Partner, Licensed Paralegal

Practice Areas

Employment Law, Personal Injury Law

Location

Ottawa, Toronto

Experience

Melanie Henriques is a Licensed Paralegal and Partner at Samfiru Tumarkin LLP. Working through the firm’s Toronto and Ottawa offices, she represents clients across Ontario. She began her practice in 2011 and focuses on numerous areas of law, including Employment, Insurance, Statutory Accident Benefits, Human Rights, and Landlord and Tenant disputes.

Melanie provides sound legal advice and representation to individuals and businesses using a pragmatic approach to obtain the best possible outcome for her clients, on a cost-effective basis. She takes pride in confidently representing her clients while understanding their needs and working towards a speedy resolution. Read reviews about Melanie.

In her Employment Practice, Melanie represents employees and employers with respect to:

In her Personal Injury Practice, Melanie represents injured individuals who have suffered from very serious injuries, including traumatic brain injuries, psychological injuries, and chronic soft-tissue injuries. She ensures that her clients receive every dollar they are entitled to from their insurance company, and assists them in their road to recovery.

Melanie has appeared numerous times before the Ontario Small Claims Court and other administrative bodies, including the Ontario Human Rights Tribunal, Canadian Human Rights Commission, Landlord and Tenant Board, Financial Services Commission of Ontario, and Licence Appeal Tribunal.

In her spare time, Melanie enjoys watching true crime documentaries, spending time with loved ones, and watching all major sports – especially her much-loved Toronto Maple Leafs.

Notable Cases

Badowsky v. Solutions et al.

Ms. Badowsky was a 45-year-old Store Manager with 3 years of service. After it was determined that the termination clause found in her employment agreement did not limit her entitlements, she was awarded 4.5 months of pay and a costs award of $5,000 for beating her offer to settle.


Cox v. Global Courier and Logistics Inc.

Ms. Cox worked for her employer for 9 months in a dispatching and administrator role. She was terminated without being provided any notice or severance pay. Once the claim was commenced, the company countersued Ms. Cox for misprinted waybills. At trial, the counterclaim was dismissed and Ms. Cox was awarded 2 months’ salary and $1,800 for costs. Find the decision here.


Gomes v. 2801124 Canada Inc. o/a Excel Transportation

Mr. Gomes was a 47-year-old Salesman with 11 months of service and no written contract of employment. He was terminated without cause and awarded 4 months of pay in lieu of notice.


Kennedy v. FusionCast Technologies

Mr. Kennedy was a 50-year-old Production Manager with over 3 years of service. Mr. Kennedy was awarded 4 months of pay in lieu of notice.


Miller v. Speedy Transport Group Inc.

Mr. Miller was a dock hand for 5 years when he was terminated for just cause at the age of 61. The company alleged Mr. Miller of time theft and dishonesty after he clocked out approximately 21 minutes after the end of his shift. Deputy Judge Martel found the company did not have just cause to terminate Mr. Miller and awarded him 7 months’ pay in lieu of notice along with unpaid wages and accrued vacation pay.


Muise v. Mark Wilson’s Better Used Cars Limited

Mr. Muise was 65 years old when he was terminated after 8.5 years of service as a Driver. He was provided with only his minimum entitlements under the ESA and his employer then alleged that he resigned from his employment. After a full day trial, it was determined that Mr. Muise had not resigned and was awarded a total notice period of 8 months plus loss of benefits. Read the decision here.


Olaveson v. Todd

Ms. Olaveson brought a claim for unpaid wages against Michael Todd for monies owed to her over the course of her 16 month tenure. During her time in his employ, Ms. Olaveson was always paid less than what she earned and was paid only in cash. After a full day trial, Ms. Olaveson was successful in recouping all of the wages owed to her and was awarded all of her costs of the action after beating her formal offer to settle.


Oppedisano v. Coppas Fine Foods

Mr. Oppedisano was a 40-year-old Buyer with 7 months of service. After Deputy Judge L. Reznick determined that his employment contract failed for lack of consideration, Mr. Oppedisano was awarded 2.5 months of pay in lieu of notice.


Pressey v. Kwik Mix Materials Limited

Mr. Pressey was a 55 year old Dryer Technician in the Niagara Region with 4 years of service at the time of his termination from Kwik Mix. With no written contract of employment, Deputy Judge Marshall determined that he was entitled to 3.5 months of pay in lieu of notice. Read the decision here.

Memberships & Affiliations

Initiatives

Presentations

AAPP Webinar

On June 9, 2022, the Alberta Association of Professional Paralegals (AAPP) hosted a webinar to discuss the process and possibility of paralegals becoming partners at their respective firms. Melanie shared her journey of becoming Canada’s first paralegal partner at Samfiru Tumarkin LLP and how she conducts her practice.

More from Melanie Henriques

Discover more about your employment rights with additional resources from Melanie.

Blog

Employment Law March 18th, 2019

Hamilton Spectator – Former Black Forest Inn servers file human rights complaints

By Melanie Henriques

Former servers from Hamilton's Black Forest Inn are accusing the restaurant of discriminating against them based on their age.

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In The News

Employment Law March 27th, 2019

Hamilton Spectator – Black Forest Inn: Human Rights Resolution

By Melanie Henriques

A resolution has been reached in a human rights case from three former servers who worked at Hamilton's Black Forest Inn restaurant.

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Blog

Employment Law April 20th, 2017

610 CKTB – Giving A Bad Job Reference is Not Defamation

By Gurlal S. Kler

Can a company be sued for defamation if it gives a bad job reference? Not if it’s honest. Gurlal Kler, Partner at…

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See What Melanie's Clients Are Saying

Getting legal advice from Melanie Henriques was enlightening, to say the least! She is a very personable professional, with attention to detail, and well versed in employment law. She helped remove a lot of the stress that we were going through. I highly recommend her to anyone that may be facing uncharted territory after losing their employment for ANY reason.
Paul Raci
  • 5 / 5
Review from
I had a small claims case against a property manager that settled out of court. At first, I was wary of using a paralegal as I thought a lawyer would be "better". However, it made perfect sense after Melanie explained that paralegals are ideal for small claims cases because they deal with this process all the time. Melanie was extremely mentally agile and gave me the confidence to stay calm in a very stressful situation as a new homeowner. I have recommended her to all my clients and my family.
Gina Lee
  • 5 / 5
Review from
I would like to give a shout out to Melanie Henriques who is a Paralegal with this firm. I was very impressed with her knowledge and how quick and efficient she was in responding to my questions. I have worked as a Paralegal for 44 years (now retired) and it was an honour talking to someone so knowledgeable in her field. I have and will continue to recommend this firm.
Cathy Allan
  • 5 / 5
Review from
I couldn't have been happier with the service I received from Melanie Henriques and how quickly we settled. I originally went to another Bay Street law firm first and met with a highly recommended lawyer and they couldn't help me. Fortunately, I found Melanie through a referral and she was amazing. She has excellent negotiation and communication skills, knowledgeable, articulate, professional, and she understands the needs of her client. I highly recommend Samfiru Tumarkin LLP to anyone with employment issues. They hire employees that actually care about their clients!
Paula
  • 5 / 5
Review from

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