Beware of the Fixed Term Contract, Even When There is a Duty to Mitigate Damages
In a recent decision, Monterosso v Metro Freightliner Hamilton Inc., 2023 ONCA 413, the Ontario Court of Appeal provided a stark reminder to the tune of half a million dollars to employers and contractors: beware of the fixed term contract and ensure your termination provisions are enforceable! The Court of Appeal upheld the lower court’s […]
All in the Family: Defining the Terms of Employment in Family Businesses
A recent Ontario superior court case had an unusual set of facts but a universal message: employment agreements should be used even when (and perhaps especially when) you are dealing with a family business. Having an employment contract and defining the scope of a family member’s work for the business avoids legal complications and ensures […]
Wally’s Comeback? Bad-Faith in Termination Leads to an Enhanced Notice Period
The recent decision from Ontario’s Superior Court Justice (“SCJ”), in Griffon Integrated Security Technologies et al. v. Valley Associates Inc. et al., 2023 ONSC 2200 [Griffon] has brought with it some reasoning reminiscent of a slightly older time in Canadian employment law. Specifically, the reasoning in Griffon partially adopted the abandoned approach of extending reasonable […]
Requirement for Private Ontario Corporations to Maintain a Register of Individuals with Significant Control – Part II
This is the second blog addressing the new requirement for private Ontario corporations to maintain a register of individuals with significant control over the corporation (the “ISC Register”). In my earlier blog, I outlined who individuals with significant control are, what information must be listed on the ISC Register, and where the ISC Register must […]
Ontario’s Small Estate Certificate
Losing a loved one is never easy and dealing with the administration of their estate can be a challenging and complex process, no matter the value of the deceased’s estate. With that said, the Small Estate Certificate, a process introduced by the court in 2021, can provide a more streamlined process for ‘small estates’ valued […]
The Availability of Interim Adjudication for a Terminated Contract
As detailed in another post, Ontario’s Construction Act creates a scheme for the quick resolution of construction disputes via an “interim adjudication”. However, there has been some confusion on the question of whether arbitration can be commenced when a project has been terminated or abandoned. The confusion exists because, under section 13.5(3) of the Act, […]
Specific Performance and Failed Real Estate Transactions for Investment Properties
Specific performance refers to the Court-ordered remedy that the parties must proceed with completing a real estate transaction. The recent Court of Appeal decision of 9725440 Canada Inc. v Vijayakumar (2023 ONCA 466), provides guidance as to when specific performance of an Agreement of Purchase and Sale is available and appropriate as a remedy for […]
A Look at Ontario’s Substantial Compliance Clause for Wills
A will is a legal document that outlines a testator’s wishes for the distribution of their property after they die. Section 4(2) of the Succession Law Reform Act (“SLRA”) sets out the execution requirements for a valid formal will in Ontario. These include: At its ends the will is signed by the testator or by […]
The Business of Preparation: Four Ways to Proactively Manage Risk for Your Sole Proprietorship
Throughout their small business journey, sole proprietors need to wear a wide variety of hats. On any given day, they can be all at once part salesperson, capital funding manager, human resources expert and even at the worst of times, tech support. And on top of it all – while new business owners are being […]
