Calling all Brokers and Real Estate Agents: Come and Incorporate! (updated February 10, 2021)
The Ontario government has finally released the new regulations to the Real Estate and Business Brokers Act, 2002 (REBBA) to supplement the Trust in Real Estate Services Act, 2020, which newly permits real estate agents to incorporate. The regulations set out the obligations, rights, requirements and restrictions of personal real estate corporations (“PRECs”). The Real […]
To Control or Not to Control? Hidden Employment Liabilities for Franchisors
The intersection of franchise and employment law in Ontario is worthy of comment. This intersection does not gain much attention and, if ignored, can lead to significant liability for franchisors. This liability primarily stems from two employee protections. The first protection is the combined “related” and “common” employer doctrine. In Ontario, under both the Labour […]
Supreme Court Declines to Further Expand the Duty of Good Faith in Employment Context
Back in February, 2019, we blogged about the long-anticipated decision in the case of Matthews v Ocean Nutrition. This morning, Mr. Matthews prevailed and is now a millionaire due to a simple and cautious decision penned by Mr. Justice Kasirer. The Facts Mr. Matthews worked for Ocean Nutrition (the “Company”) for 14 years as a […]
Fill In the Blanks: Restrictive Covenants and Ambiguity
Employers often use restrictive covenants to limit what an employee can do both during and after employment. The two primary restrictive covenants are “non-competition” clauses and “non-solicitation” clauses. As discussed in an earlier blog, non-competition clauses attempt to control employees from directly competing with the employer during and after employment. Non-solicitation clauses attempt to ensure that […]
Watch Out! Spousal Support Can Apply to Unmarried Couples Who Keep Their Own Homes
Climans v. Latner, 2020 ONCA 554, recently made headlines as the Ontario Court of Appeal ruled that a man owed his ex-girlfriend spousal support despite the fact that they maintained their own residences during the relationship. Even though this decision surprised many people, the decision fits within the existing law. Two people do not have […]
Stocks for the Departing Employee
In the field of employment law the following two principles are well established: A wrongfully dismissed employee is entitled to damages for the loss of wages and salary as well as other incentives such as bonuses and stock options that they would have been earned during the notice period. Employers are permitted to limit the […]
Family Matters: Transitioning from Ongoing Family Law Matters to Estate Litigation
Situations arise where a party in ongoing family law litigation passes away before a final order is obtained from the court, or where separated spouses are negotiating their property rights and one of them passes away before a final agreement can be reached. In cases where there is ongoing litigation, the litigation can continue with […]
The Temporary Suspension of Temporary Layoff Rules Now a Little Less Temporary
On September 3, 2020 the Ontario Government announced that they were extending the stay on the temporary layoff rules under the Employment Standards Act, 2000 (ESA) to prevent temporary layoffs from automatically becoming permanent job losses. Normally, under 56 (2) of the ESA once an employee has been on a temporary layoff for more than […]
Non-Disclosure in the Context of a Domestic Contract: Beware!
As family lawyers, we are often contacted by clients who want a domestic contract negotiated, drafted and/or reviewed as quickly as possible. However, before this process can begin, there is an initial step that the spouses involved need to take. This step is the exchange of full and frank financial disclosure. Exchanging full and frank […]