What is a “permanent” full time position?
In today’s job market, finding semi-regular employment can be challenge, and finding permanent employment can be nearly impossible. But what exactly is a “permanent” employment positio...
June 23, 2017
Posted by: Farrah Rahman
Is my employment contract void if I’m reclassified as a contractor?
If you are being reclassified as an independent contractor after working as an employee, your employment agreement may be void – but not entirely.
The employment agreement can provide...
June 9, 2017
Posted by: Farrah Rahman
Can a disclaimer relieve a party of liability to a third party?
CLAUSE DISCLAIMING RESPONSIBILITY TO THIRD PARTIES RELIEVES CONSULTANT OF RESPONSIBILITY FOR NEGLIGENCE IN PREPARATION OF ENVIRONMENTAL REPORT
Wolverine Tube (Canada) Inc. v. Noranda Metal Industri...
June 1, 2017
Posted by: Kathy Tomaszewski
Can unconscionability render an agreement (or parts of it) unenforceable?
UNCONSCIONABILITY CAN MAKE LIMITATION OF LIABILITY CLAUSES AND ENTIRE AGREEMENT CLAUSES UNENFORCEABLE
2190322 Ontario Ltd. v. Ajilon Consulting 2014 ONSC 21 (CanLII)
Limitations of liability cla...
June 1, 2017
Posted by: Kathy Tomaszewski
What should a termination clause look like to qualify for use of the parol evidence rule?
A CLEARLY WORDED TERMINATION CLAUSE IS LIKELY TO BE ENFORCEABLE
Crowe v. Saskatchewan Indian Gaming Authority Inc. 2006 SKQB 27 (CanLII)
If a termination clause is clearly worded and its meaning...
June 1, 2017
Posted by: Kathy Tomaszewski
Blog Bite: Why should you execute your agreement in writing if you are hiring, or have already hired, a freelance worker in NYC?
This article posted on our partner site Mondaq.com discusses the new "Freelance Isn't Free" Act in effect in New York City, and the new requirements it establishes for all hiring parties, whether a ...
May 25, 2017
Posted by: Mondaq
What if I Can’t Deliver on my Contract?
When you sign a contract, one of the most worrisome questions is “What if I simply can’t deliver? What happens if I physically cannot perform my contractual obligations through no faul...
April 1, 2017
Posted by: Farrah Rahman
Overview of Consulting Agreement
Overview of Consulting Agreement
What is this document?
A Consulting Agreement (also known as a Contractor Agreement) is used to establish the terms and conditions of the service relat...
March 30, 2017
Posted by: Rajah Lehal
Blog Bite: Are the private communications between an owner and a contractor protected under a common interest agreement?
This article posted on our partner site Mondaq.com reveals the limited applicability of the common interest doctrine, which protects parties' express agreement to shield their communications (i.e., ...
March 23, 2017
Posted by: Mondaq
Blog Bite: How can a main contractor protect itself in a subcontract construction agreement in Nigeria?
This article posted on our partner site Mondaq.com explains ways a main contractor can protect itself in a subcontract agreement. The author suggests that the main contractor should ensure that the ...
December 5, 2016
Posted by: Mondaq
Santa's Got A Brand New Brand
Toronto’s Yorkdale Shopping Centre (“Yorkdale”) has forever changed the way we will visualize Santa Claus. Paul Mason, aka “Hot Santa”, was hired by Yorkdale to portray a modern Santa Claus....
November 25, 2016
Posted by: Farrah Rahman
Blog Bite: What should businesses do to ensure that they retain ownership of Intellectual Property (IP) developed by a Contractor?
This article posted on our partner site Mondaq.com stresses the importance of determining ownership of Intellectual Property (IP) within a contract when dealing with independent contractors. Contrac...
November 21, 2016
Posted by: Mondaq
Clausehound CEO Rajah Lehal is hosting a CPD Webinar on the Top 10 Things You Should Know about Hiring a Contract Employee
Toronto, ON
November 8, 2016
On November 14, 2016, Rajah Lehal, Founder and CEO of Clausehound, will be hosting a legal Webinar on the topic of hiring contract employees in the context of operatin...
November 8, 2016
Posted by: Rajah Lehal
Contractors need to specify payments for incomplete tasks
When drafting a work related contract, ensure that payment due for the completion of the task, as well as payment due for partial completion of the task is included and specify the degree of completio...
October 27, 2016
Posted by: Rajah Lehal
Wood v. Enbridge Gas Distribution Inc., 2011 ONSC
Discussion: This case deals primarily with the distinction between an employee and an independent contractor. Although the parties in this case intended to structure their relationship so that the app...
October 27, 2016
Posted by: Rajah Lehal
Contractors need to specify payments for incomplete tasks
When drafting a work related contract, ensure that payment due for the completion of the task, as well as payment due for partial completion of the task is included and specify the degree of completio...
October 26, 2016
Posted by: Rajah Lehal
Blog Bite: What are the benefits of a small business being in a mentor-protege arrangement for the purposes of contracting with the federal government?
This article posted on our partner site Mondaq.com addresses how small businesses can prevent losing contracts with government agencies when they are affiliated with a larger firm. For the federal g...
October 7, 2016
Posted by: Mondaq
Blog Bite: Should notice of whistleblower immunity clauses be included in your written agreements with your employees and independent contracts?
This article posted on our partner site Mondaq.com discusses the significance of two immunity provisions that apply to whistleblowers contained in new federal law (the Defend Trade Secrets Act). The...
May 20, 2016
Posted by: Mondaq
Blog Bite: What can a business do to obtain rights to intellectual property developed by an independent contractor?
This article posted on our partner site Mondaq.com highlights the importance of obtaining the broadest possible rights in intellectual property created by an independent contractor in the course of ...
March 4, 2016
Posted by: Mondaq
Non-competition Clauses: Is 5 Years Too Long to Promise not to Compete?
Employment Contracts
Non-competition clauses are often found in employment and consulting contracts. Generally speaking, these clauses have to be as narrow as possible, covering only ...
February 1, 2016
Posted by: Kathy Tomaszewski
Payment Terms May Be the Most Important Part of a Consulting Agreement
While it seems obvious that billing and payment of expenses should be clearly dealt with in consulting contracts, many parties fail to address such details as: What happens if expenses are submitted l...
September 23, 2015
Posted by: Kathy Tomaszewski
Stanford Loses Patent battle Because Researcher Signed Visitor’s Confidentiality Agreement When Visiting a Private Lab
Universities need to be very careful about what agreements they have researchers sign, and especially vigilant with respect to consulting agreements signed in the course of joint ventures between the ...
September 23, 2015
Posted by: Rajah Lehal
Consulting Contract Should Include Standard of Care that is Reasonable for the Particular Profession of the Consultant
It is a good idea to have a clause in your contract that defines the standard of care, for example: "In providing services under this Agreement, the Consultant will endeavor to perform in a manner con...
September 20, 2015
Posted by: Rajah Lehal
Consultants Should Review Compensation Packages in Light of New Accounting Rules
The Financial Accounting Standards Board and the International Accounting Standards Board have issued new rules that offer a one-stop, comprehensive source for how companies and nonprofit enterprises ...
August 27, 2015
Posted by: Rajah Lehal
Employee or Consultant?
Consulting agreements are often structured carefully to make it clear that the nature of the relationship is not an employment relationship, but a consulting relationship. What happens if the confiden...
August 11, 2015
Posted by: Kathy Tomaszewski
