Uncomfortable Conversations — Politics, Religion, and the Terms of Your Employment Contract
When starting a new romantic relationship, there are specific topics that are generally understood to be best avoided. Some examples include: How much you dislike your ex; Politics and religion; Money; and, How soon they are looking to get married. These topics can be very personal, and the inherent fear is that the relationship will […]
Matthews v Ocean Nutrition
Can an employer rely on exclusion clauses to escape liability after deliberately mistreating and constructively dismissing an employee? Four (4) years ago, the Supreme Court of Canada issued its decision in Bhasin, which recognized an “organizing principle of good faith” in contractual relationships: where a defendant is dishonest in the performance of a contract, it […]
Executive Comp: Resolving Employment Issues for Executives
Executive Compensation or “Executive Comp” is a specialized area of employment and business law dealing with the pay, bonuses, and perquisites “perks” provided to executives and managers. Companies rely on carefully worded contracts that attempt to strike a balance between providing incentives to executives to perform at their very best, while protecting the company from […]
Business Owner’s Checklist for 2019: Posters/ Policies/ Plans – Are You Compliant?
The variety and number of different pieces of legislation that govern Ontario workplaces can seem both overwhelming and time consuming for business owners. The checklist below has been put together to help employers. It is a compilation of some of the key requirements that employers must meet and includes links to posters and other free […]
Frivolous, Vexatious or Abusive Claims: The Ontario Court of Appeal Addresses Notice Requirements Under Rule 2.1.01 of the Rules of Civil Procedure
The Ontario Rules of Civil Procedure provide a mechanism for addressing occasions where a litigant advances a claim that is frivolous, vexatious or otherwise an abuse of process. Pursuant to Rule 2.1.01(1), “the court may, on its own initiative, stay or dismiss a proceeding if the proceeding appears on its face to be frivolous or […]
The Weight of the Office of the Children’s Lawyer (OCL)
In Ontario, the Office of the Children’s Lawyer (OCL) can become involved in custody and access disputes and make recommendations to the court about what arrangements would be in the best interests of the child(ren) in question. Once the OCL accepts a Judge’s request to conduct an assessment, the OCL will refer the matter to […]
Case Management Developments in Employment and Human Rights Matters
Faced with delays, inefficiencies, and access to justice concerns, the Superior Court of Justice has just announced a pilot project, launching February 1, 2019, whereby parties may opt into a one-judge case management model. Under this model, the same judge will be assigned to all case conferences, the pre-trial, and the trial of a matter. […]
Do You Need a Shareholder Agreement?
Starting or owning a business with a partner can be very exciting. These ventures force partners to focus on the financial projections, financial results, and organization and management of the day to day operations. These issues are fundamental, but the partners (or shareholders) also need to understand that no business is free from contentious issues […]
Ontario’s New Distracted Driving Laws are Now in Effect
As of January 1, 2019 distracted driving is no longer just limited to the use of electronics while driving. According to the current law, anything that causes a driver to be less focused on the road constitutes distracted driving. You will be guilty of distracted driving if you do the following behind the wheel: Simply […]