June 20, 2019Most jurisdictions’ employment legislation will suggest that, as a default, if someone is doing work for your company (and unless they’re in business for themselves), then they are an employee and must be paid as such for the work performed.
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.
January 13, 2017This article discusses the highly debated topic of unpaid interns and the strict regulations imposed by the Ontario government for unpaid interns.
January 09, 2017There are numerous stories that can be found on the internet about people requesting to be reimbursed for coffee or a drink upon being turned down for a second date. While these are light-hearted examples of slightly eccentric dating behaviour, the stories are actually a real-world manifestation of a legal issue—namely, when is a contract valid and enforceable?
September 28, 2016Clausehound bloggers have mentioned in previous articles that the life of an articling student can be quite daunting, with a steep learning curve.
September 08, 2016Whether you are a valued employee dismissed for wrongful reasons, or an employer who has essentially been forced to dismiss an employee without any bad faith, there are four (4) points to consider about all wrongful dismissal cases. See the instant cases of Coppola v Capital Pontiac Buick Cadillac Gmc Ltd (2011 SKQB); and Rodrigues v Shendon Enterprises Ltd. (2010 BCSC).
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 13, 2016If there is a bona fide takeover bid from a third party, a majority of the shareholders can agree to the take-over on behalf of all shareholders due to the drag-along provisions.
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.
January 31, 2016Stock options are often issued as a part of a company’s incentive program to the company’s and its subsidiaries’ key persons who are working on the company’s projects. The purpose of the stock options is to give personnel a financial incentive to work hard to increase the company’s shareholder value.
January 24, 2016The Board of Calico Resources set new corporate objectives and revised its executive compensation policy to align with those objectives.
January 17, 2016Drag-along provisions are clauses in a stock option plan or some other form of agreement which grant investors and shareholders the right to compel the founders and other stockholders to vote in favor of (or otherwise agree to) the sale, merger or other “deemed liquidation” of the company.
January 09, 2016SH Communications launched a new stock option plan to give their employees incentives to work harder and stay longer with the company. The assumption is that the employee option holder will want to do everything possible to increase the company’s shareholder value.
December 27, 2015Startup companies often struggle with the valuation calculation, and how to determine the number of shares to issue to a new team member.
December 14, 2015One of the best ways to increase stockholder value is to make each employee a stockholder, and get each employee to 'think like a stockholder'. This has motivated many companies to offer broad based employee stock option plans.
December 12, 2015According to a referenced article, from 2000 to 2012 productivity went up about 25%, but wages increased only about 7% in the United States. Fairly structured ESOP's may be a mechanism for promoting employee engagement and improved financial stability of the middle class..
November 29, 2015Even on company acquisitions, an ESOP can be used creatively to both share company profits with employees and provide assets for a retirement plan.
November 01, 2015The reverse stock split is intended to increase the per-share trading price, in order to satisfy the $1 minimum bid price requirement for continued listing on the NASDAQ Capital Market.
October 31, 2015The way ESOPs usually work in startup companies is by issuing the options with a vesting period, usually four years. Once the shares are vested an optionee may purchase and own the shares. However, Skype followed different conventions.
October 28, 2015FTI Consulting granted 'Employment Inducement Awards' to induce its new Chief Strategy and Transformation Officer to join the company. The Inducement Awards included a stock option grant that was 'outside of the shareholder approved program' but 'subject to the same terms and conditions'.
October 28, 2015With the market recovering and stabilizing in 2014, ESOP's became a tool for the retention and motivation of employees especially in the financial sector.
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 22, 2015This article discusses the importance of negotiating strict termination clauses in an Executive Employment Agreement when an Owner becomes an Employee.
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.
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 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
July 05, 2015Parties who choose arbitration to settle disputes under an APA should note that courts have become increasingly reluctant to interfere with arbitration awards if a fair process has been used to arrive at an arbitration decision.
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.