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:
- Wrongful dismissal
- Constructive dismissal
- Termination without cause and for cause
- Workplace harassment and discrimination
- Human rights complaints
- Employment contracts
- Severance package negotiations
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.
Interviews & Media
2021
- Melanie Henriques wants to normalize paralegals as law-firm partners – Law Times
- Melanie Henriques on the path to becoming a Partner – WordRake
- Paralegal and Partner Melanie Henriques on Justice in Pieces – Justice in Pieces
2019
- Black Forest Inn: Human Rights Resolution for former staff – Hamilton Spectator
- Insurance claims when a spouse dies in a car accident – LowestRates.ca
Articles & Blogs
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
- Member of the Ontario Paralegal Association
- Advisor with the Law Society of Ontario’s Coach and Advisor Network
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
Hamilton Spectator – Former Black Forest Inn servers file human rights complaints
Former servers from Hamilton's Black Forest Inn are accusing the restaurant of discriminating against them based on their age.
In The News
Hamilton Spectator – Black Forest Inn: Human Rights Resolution
A resolution has been reached in a human rights case from three former servers who worked at Hamilton's Black Forest Inn restaurant.
Blog
610 CKTB – Giving A Bad Job Reference is Not Defamation
Can a company be sued for defamation if it gives a bad job reference? Not if it’s honest. Gurlal Kler, Partner at…