Ontario Government to Provide Further Economic Relief to Restaurants and Small Businesses (updated November 17, 2020)
Last week, Premier Doug Ford announced the Ontario government’s plan to provide $300 million in relief funds to restaurants which have been further effected by the recent 28-day emergency order prohibiting restaurants from offering indoor dining. Such relief funds are intended to assist restaurants in offsetting fixed costs such as property taxes and utility bills. […]
Regulating Witch Hunters
The Halloween decorations making their annual appearance on front lawns and store fronts reminded me of a book I read this summer which mentioned the end of witch hunting. I found myself wanting to know more. It appears that employment opportunities as a witch hunter in the United Kingdom came to an end with the […]
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 […]
Extended Security Blanket: Enhanced Support Updates for Regular and Special EI Benefits
COVID-19 In early 2020, the federal government was forced to create an economic action plan to assist the influx of individuals whose employment was negatively affected by the COVID-19 pandemic. A major component of this plan was the Canada Emergency Response Benefit (CERB) – a flat $2,000 monthly payment for those who qualified. Effective September […]
Franchise Disclosure Documents During COVID-19
In Ontario, franchisors are required to provide a disclosure document to each potential franchisee before the franchisee signs a franchise agreement or makes a payment towards the franchise. The legislation sets out what must be included in a franchise disclosure document such as the business background, litigation history, bankruptcy or insolvency information of the franchisor; […]
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 […]
