June 23, 2017This article discusses the factors which determine what a "permanent" employemnt position is, which largely depend on when the employment agreeemnt can be terminated.
June 09, 2017If you are being reclassified as an independent contractor after working as an employee, your Employment Agreement may be void - but not entirely.
June 01, 2017Drafters should ensure that disclaimers are included in reports/contracts where appropriate, and that they are clearly and comprehensively drafted.
June 01, 2017Limitations of liability clauses and entire agreement clauses can be unenforceable because of unconscionability. In determining whether the clause is unconscionable a court will look at various factors such as the sophistication of the parties, the disparity in bargaining power and information, and failure to bring the clause to the attention of the party with less bargaining power.
June 01, 2017If a termination clause is clearly worded and its meaning is clear and enforceable, the courts will likely apply the parol evidence rule with the result that a party whose contract is terminated will be unlikely to be able to establish that the termination clause was modified by a collateral contract.
May 25, 2017This 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 corporation or an individual, who engage services from freelance workers.
April 01, 2017'What if I Can't Deliver on my Contract?' Although they apply in only the most strictly interpreted, limited situations, the doctrine of frustration and force majeure clauses can come to the rescue.
March 30, 2017A Consulting Agreement (also known as a Contractor Agreement) is used to establish the terms and conditions of the service relationship between a company and an individual or another company.
March 23, 2017This 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.
November 25, 2016Toronto’s Yorkdale Shopping Centre (“Yorkdale”) has forever changed the way we visualize Santa Claus. The latter and Paul Mason are fighting over the ‘Fashion Santa’ brand that both parties took part in making a success.
November 21, 2016This 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.
November 08, 2016On 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 operating a social enterprise.
October 27, 2016When 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 completion for each respective payment amount.
October 26, 2016When 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 completion for each respective payment amount.
October 07, 2016This 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.
September 09, 2016When entering into an important contract, take the time to discuss with your business partners, advisors and legal counsel, to make sure that you are clear about your opportunities and risks. In this article, we describe four simple steps to follow to make sure that your interests are protected when negotiating an agreement.
May 20, 2016This 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).
March 04, 2016This 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 their work for the hiring party (also known in the US as "work made for hire").
February 01, 2016This article discusses what is needed for a non-competition clause to be enforceable, specifically if 5 years is too long for a non-compete to be enforceable.
September 23, 2015While it seems obvious that billing and payment of expenses should be clearly dealt with in consulting contracts, many parties fail to address some key details.
September 20, 2015It is a good idea to have a clause in your contract that defines the standard of care, to ensure that the other party does not attempt to include a higher standard, which may be interpreted as a warranty.
August 27, 2015The 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 are to report revenue.
August 11, 2015Consulting agreements are often structured carefully to make it clear that the nature of the relationship is not an employment relationship, but a consulting relationship.
August 11, 2015Independent legal advice is important when entering into a consulting agreement, and equally important when determining whether the agreement can be terminated. This is illustrated in a case dated 2008 when Ceylon Electricity Board (CEB) awarded a consulting contract for its proposed head office, following government procedure.
July 27, 2015Links from this article:Read the article here.While it seems obvious that billing and payment of expenses should be clearly dealt with in c...
July 26, 2015Links from this article:Read the article here.Are you a consultant with a full time client and a related sideline where you enjoy trying ou...
July 23, 2015Consulting agreements between academics and industry provide opportunities for enrichment in every sense of the word - both academically and financially. Academics entering into consulting agreements should get good legal advice, and make sure that their agreements are consistent with the policies of their institution.
July 07, 2015Indemnities originated in the construction industry where contractors had complete control of the job site, and owners required them to be responsible for any site-related problems that arose.
July 06, 2015When employees resign and enter into consulting agreements, it is important to ensure that all restrictive covenants continue in effect, and that the consulting agreement contain an IP transfer agreement similar to the one contained in the employment agreement
June 24, 2015Sometimes, one mistake leads to another. A Toronto law firm was recently hit with a $40,000 damages award for failing to advise their former client that she consider receiving advice on how to invest the $1.1 million they held in trust for her.
April 22, 2015This article posted on our partner site Mondaq.com discusses the changing regulations after a federal statute was enacted that prohibited federal funds to go to corporations who had confidentiality agreements which prevented the employees from reporting fraud, waste, or abuse to agencies.
April 13, 2015This article posted on our partner site Mondaq.com discusses the benefits and, more importantly, the risks associated with designating workers as independent contractors in a contract.
February 02, 2015This article posted on our partner site Mondaq.com pinpoints notable features of the Russian Federation's Civil Code with respect to independent contractor agreements such as mandatory provisions, and more.
May 16, 2014This article posted on our partner site Mondaq.com discusses how employers can avoid having their independent contractors classified as employees. The author discusses recent cases to suggest that employers should refrain from.
June 21, 2013This article posted on our partner site Mondaq.com explains that an independent contractor cannot be asked to agree to a non-competition clause.
June 21, 2013This article posted on our partner site Mondaq.com states that independent contractors can sign confidentiality agreements, but employers who wish to maintain the independent contractor status (e.g., to avoid compliance with employee protection laws) cannot require them to sign non-compete agreements.
May 30, 2013This article posted on our partner site Mondaq denotes the significance of an Ontario Superior Court decision regarding the non-exclusive nature of a Consulting Agreement
April 22, 2013This article posted on our partner site Mondaq.com explains why employers should include confidentiality clauses in their consulting agreements, and how to properly draft confidentiality clauses.
May 07, 2009This article posted on our partner site Mondaq.com posits that amendments to contractor agreements are rarely, if ever, made for the benefit of the contractor. As such, it is imperative for contractors to remain vigilant regarding seemingly innocuous amendments.