Enforceability of Termination Clauses in Employment Contracts – Trending towards Clarity, or More Uncertainty?
It is a basic principle of employment law in Ontario that employees terminated without cause are presumed to be entitled to common law reasonable notice of termination unless the parties clearly agreed to a different notice period, typically through a termination clause in an employment agre…View the post titled Enforceability of Termination Clauses in Employment Contracts – Trending towards Clarity, or More Uncertainty?
What is “shared custody” and how is it calculated?
In family law, the term “custody” usually means decision-making. Having “custody” means having the ultimate decision-making power over important decisions regarding the child, such as what child the school will attend, what religion the child will be raised in, what major recreational activ…View the post titled What is “shared custody” and how is it calculated?
Ontario Court of Appeal Holds that Deterrence Justifies Minimum Fine in Environmental Prosecution
The Environmental Protection Act and the Ontario Water Resource Act are unique among Ontario’s environmental legislation for containing mandatory minimum fines. A new decision from the Ontario Court of Appeal makes it clear that where minimum fines exist, a trial justice has very narrow d…View the post titled Ontario Court of Appeal Holds that Deterrence Justifies Minimum Fine in Environmental Prosecution
Are gifts “income” for support purposes?
In a previous article, I set out a list of common situations wherein a court may impute income to a support payor, as set out in the Child Support Guidelines. One situation not specifically included in that list is the situation of “gifts”, which are non-taxable payments that do not appear o…View the post titled Are gifts “income” for support purposes?
2018 Year In Review For American and Canadian Whistleblower Programs
Fiscal Year 2018 was a nice year for tippers to the U.S. Securities and Exchange Commission (“SEC”) whistleblower program (“SEC program”), thanks to some misbehaving companies. The SEC made record-breaking payouts of about $168 million to 13 whistleblowers in 2018. The SEC program was initia…View the post titled 2018 Year In Review For American and Canadian Whistleblower Programs
Imputing Income in Family Law
Before a lawyer or judge can determine an appropriate amount of support for a person to pay, it is necessary to first determine the support payor’s income. Sometimes this is easy – if you are an employee, with no complicating factors, your income is accurately reflected on line 150 of your i…View the post titled Imputing Income in Family Law
2019 Summer Student Applications
We anticipate hiring up to 6 (2nd Year) summer students in our LONDON office and 1 (2nd Year) summer student for our TORONTO office. Please clearly mark your cover letter as to whether you are applying for our LONDON office or TORONTO office. Please visit the viLawPORTAL for details of submi…View the post titled 2019 Summer Student Applications
Nova Scotia Supreme Court Grants Application for Judicial Review Concerning Provincial Funding for Effluent Treatment Facility
The Supreme Court of Nova Scotia has recently granted an application for judicial review relating to potential Crown funding for the construction of a new effluent treatment facility at Boat Harbour, Pictou County, Nova Scotia (the “Project”). In Pictou Landing First Nation v. Nova Scotia (A…View the post titled Nova Scotia Supreme Court Grants Application for Judicial Review Concerning Provincial Funding for Effluent Treatment Facility
Bill 66 – Expanded Municipal Zoning Power Would Make Some Environmental Land Use Policies Optional
UPDATE: Government announces that it will not be proceeding with Schedule 10 of the Bill. See update here. On December 6th, 2018, Bill 66, Restoring Ontario’s Competitiveness Act, 2018, passed first reading in the Ontario legislature. The government’s Proposal Summary on the Environmental Re…View the post titled Bill 66 – Expanded Municipal Zoning Power Would Make Some Environmental Land Use Policies Optional
Remedies of a Commercial Landlord in Ontario
If a tenant defaults on their obligations under a commercial lease, a landlord may wish to pursue a remedy. There are two types of tenant defaults – monetary or non-monetary. The type of default will determine the landlord’s available remedies. A monetary default occurs when the tenant…View the post titled Remedies of a Commercial Landlord in Ontario
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