News & Publications

Corporate Lawyers

Why Failing to Immediately Disclose a Litigation Agreement in Multi-Party Litigation is Dangerous and Costly

Written by and on January 21, 2019.

Summary Litigation agreements in multi-party litigation are required to be immediately disclosed to the other parties in the litigation (“Other Parties”). A litigation agreement is broadly defined as an agreement that has the effect of changing the adversarial position of the parties set out in their pleadings into a co-operative one.[1] Failure to immediately disclose a litigation agreement introduces risk that the action against some/all of the Other Parties could be permanently stayed...

Employers: Post and Distribute the Updated ESA Poster

Written by on January 18, 2019.

Under the Employment Standards Act, 2000 (“ESA”), employers must post a copy of the most recent employment standards poster (“ESA Poster”) prepared by the Ministry of Labour in a “conspicuous place” in the workplace. The Ministry of Labour has just released a new version of the ESA Poster, which you can view/print at this link.[1] In addition to posting the updated ESA Poster in a conspicuous place, employers must print it, in colour or black and white, on paper that is at least 8...

Uber Decision Calls into Question Arbitration Clauses in Commercial Agreements

Written by on January 07, 2019.

The news media has widely reported the Ontario Court of Appeal’s January 3, 2019 decision allowing a class-action by Uber drivers to proceed. The decision does not answer the question of whether Uber (and UberEATS) drivers should be considered employees or independent contractors (a conclusion that could have wide-ranging implications for employers that rely on independent contractor agreements). However, one aspect of the decision may have an immediate impact on employers in Ontario – the C...

Employers: Consider these Sample New Year’s Resolutions

Written by on January 04, 2019.

  With the start of a new year comes the opportunity to reflect on your business’s labour relations and start tackling those items on your “to-do” list. Here are three sample New Year’s resolutions that may benefit your business: 1. Revise your template employment contract, if necessary One of the most important clauses in every employment contract is the termination clause. A well-drafted and enforceable termination clause can be the difference between providing terminated emp...

Enforceability of Termination Clauses in Employment Contracts – Trending towards Clarity, or More Uncertainty?

Written by on December 19, 2018.

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 agreement, that does not violate the statutory minimums prescribed by the Employment Standards Act, 2000 (the “ESA”). One issue that frequently arises is whether the parties clearly agreed to a notice period ...

Remedies of a Commercial Landlord in Ontario

Written by on December 12, 2018.

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 fails to pay an amount due to the landlord under the terms of the lease. For example, a monetary default would occur if the tenant failed to pay rent, taxes, utilities, etc. (assuming the lease required these pa...

Mortgagee Remedies in Ontario

Written by on December 10, 2018.

When a mortgagor (borrower) defaults on mortgage payments, the mortgagee (lender) has several remedies at its disposal. The most frequently used remedies are a power of sale, an action for judicial sale, and an action for foreclosure. The following is a comparison of the three remedies, highlighting the benefits and disadvantages of each. Following a default, a mortgagee may sell the mortgaged property pursuant to a private power of sale. This remedy allows a mortgagee to force a sale of the ...

Do I Have to Collect HST if I am Just Selling my Vacant Land?

Written by on December 06, 2018.

Determining whether or not you have to pay Harmonized Sales Tax ("HST") during a real estate transaction can be a tricky situation. There can be rebates, exceptions and a whole host of factors which come into play. The sale of a vacant lot carries with it its own problems. When Do you Have to Pay the Tax Man? In the following situations the sale of vacant land by an individual will attract HST: The sale of land that is capital property that had been used primarily in a business; Th...

Cannabis License Act: Franchising Implications

Written by on November 20, 2018.

Before the Ontario Cannabis License Act was passed, I wrote about the relative merits of corporate store ownership and franchising as business models for cannabis retail.[1] It now appears that corporate store ownership will not be an option for licensed producers who wish to establish a significant presence in the retail market. Section 4(4) of the Cannabis License Act prohibits licensed producers and their affiliates from operating more than one retail store. The definition of “affiliate” ...

Bill 47 – Amendments to the Labour Relations Act, 1995

Written by on November 14, 2018.

The legislation governing unionized workplaces in Ontario, the Labour Relations Act, 1995 (the “LRA”) will be amended by the Ontario government if the Making Ontario Open for Business Act, 2018 (“Bill 47”) passes in its current form.  Expected changes will include the following: Repeal of Union’s ability to obtain a list of employees Currently, s, 6.1 allows a trade union to obtain a list of employee names and contact information if the union obtains membership cards from twent...