August 14, 2020For the sole director of a corporation, when making decisions, one potential concern is the requirement (that flows from their fiduciary duty pursuant to s.134 of the Ontario Business Corporations Act (R.S.O. 1990, c. B. 16) “OBCA”) to avoid a conflict of interest with the corporation.
December 21, 2017This article posted on our partner site Mondaq deals with employment law in Quebec and it succinctly recaps the different types of employment relationships.
December 21, 2017This article posted on our partner site Mondaq discusses the enforceability of the Notice of Resignation provision in the case Balckerry Limited v. Marineau - Mes
December 21, 2017This article posted on our partner site Mondaq.com provides a concise overview of what costs are involved in terminating an employee in Ontario.
December 21, 2017This article posted on our partner site Mondaq explains the decision of Nagribianko v. Select Wine Merchants Ltd. where an employer terminated an employee during the probationary period on the grounds he was "unsuitable" and provided the appropriate notice.
December 21, 2017This article posted on our partner site Mondaq discusses whather an employee terminated during a probationary period can sue for wrongful dismissal.
December 21, 2017This article posted on our partner site Mondaq examines what “probation” means to both an employer and an employee in respect of obligations and rights on termination.
November 27, 2017This article discusses the four allowable circumstances in which an employer and employee may enter into an agreement to vary from the Ontario Employment Standards Act standards.
November 27, 2017Among other equally important aspects of the workplace such as minimum wage and matters relating to termination, the Ontario Standards Act lays out standards with respect to an employee’s hours of work, breaks, and overtime.
June 30, 2017A Non-Competition Clause places restrictions on your other business relationships during, and for a specified period, after the term of your employment. If it important to understand exactly what you are agreeing to before you dot the i's and cross the t's.
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, 2017This article looks into the Edac Inc. v. Tullo case to determine whether the improper disclosure of confidential information always results in damages.
April 27, 2017This article posted on our partner site Mondaq discusses the enforceability of Employment Agreements executed shortly after an employee commences work.
March 23, 2017Trust is a big part of any deal, and a situation where you’ve been hired and promised shares but never received any is a major breach of that trust. But does that trust translate into something legally binding, that when broken, gives you options for legal action?
February 24, 2017If you are starting your own business, you need to protect your intellectual property to avoid someone else using your hard work in a different market. But what if you come up with an idea while working on a different project?
January 13, 2017This article discusses the highly debated topic of unpaid interns and the strict regulations imposed by the Ontario government for unpaid interns.
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.
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.
August 25, 2016The article discusses the benefits of including a mutual release upon termination in an employment contract agreement. Referencing the Ontario case between General Motors of Canada Ltd. v Johnson.
August 18, 2016This article discusses the implications of fiduciary duty post-termination. Referencing the Ontario Court of Appeal decision in the case of GasTOPS Ltd. v. Forsyth Reservoir Group Partnership v. 1304613 Ontario Ltd.
February 12, 2016This article discusses the option of "paying with shares" which allows startups to offer their employees to purchase shares in the company in lieu of a raise.
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 22, 2015This article discusses the importance of negotiating strict termination clauses in an Executive Employment Agreement when an Owner becomes an Employee.
June 21, 2013This article posted on our partner site Mondaq outlines that if an employer attempts to hire someone as an independent contractor instead of an employee for benefits such as Obama care and minimum wages, they should not include a non-competition clause.
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
December 11, 2012This article posted on our partner site Mondaq discusses whether a Physician Employment Agreement can be terminated without cause or litigation.
July 25, 2012This article posted on our partner site Mondaq provides practice pointers for employers executing Employee Intellectual Property Assignment Agreements.