Do you know who’s looking at your e-mail? The rights of employers and employees
Do you know who’s looking at your e-mail? The rights of employers and employeesThe right to privacy and the right to know are not contradictory but complementary; they are companion rather than conflicting freedoms. The right to privacy and the right to know are twin freedoms under a democratic order. — John Turner E-mail has, […]
Employee or Independent Contractor??
Employee or Independent Contractor?? There is no magic formula to determine whether a worker is an employee or independent contractor, rather each case must be considered on its own unique set of circumstances. According to the Federal Court of Appeal, the total relationship of the parties must be examined. This examination is generally made using […]
Law Making 101
Law Making 101 law n. 1. the principles and regulations established in a community by some authority and applicable to its people, whether in the form of legislation or of custom and policies recognized and enforced by judicial decision. The Random House Dictionary of the English Language, Second Edition Whether it is driving down the […]
Terminating Independent Contractor Agreements
Terminating Independent Contractor Agreements In today’s fast paced and ever-changing business world, employers have begun to rely more and more on independent contractors. Aside from the obvious advantages of the employer not having to remit taxes and various premiums, one benefit of this arrangement is the ease with which it can be ended – maybe! […]
Tax Update
Tax Update The Federal Court of Appeal recently handed down an interesting ruling involving taxable capital gains and non-competition covenants. In 1995, three plastics companies, in which Tod Manrell had substantial interests, were sold. As part of the agreement of purchase and sale, Manrell delivered to the purchaser non-compete agreements. In return for signing the […]
Contingency Fees – Now permitted in Ontario
Contingency Fees – Now permitted in Ontario “. . . Clearly contingency fees are in the public interest because they provide greater access to justice, and that means helping to make legal services more accessible to people in need.” Professor Vern Krishna, Treasurer Law Society of Upper Canada One of the most commonly-asked questions of […]
Alter Ego and Joint Partner Trusts: Estate Planning Opportunities
Alter Ego and Joint Partner Trusts: Estate Planning Opportunities Canadians pay plenty of taxes, and as a result we are always on the lookout for ways to reduce the amount we send to Ottawa. One possibility, if you are over 65, is to set up an inter vivos trust, specifically an alter ego or joint […]
Sometimes Crime Does Pay!
Sometimes Crime Does Pay!In 1998, a thief broke into a residential home in order to help himself to a few of the family treasures. He attempted to make his escape through the garage. Unfortunately he was foiled when the garage door opener malfunctioned and the door between the garage and the house locked. The homeowners […]
Collaborative Family Law
Collaborative Family Law Cooperation not Confrontation For a while we pondered whether to take a vacation or get a divorce. We decided that a trip to Bermuda is over in two weeks, but a divorce is something you always have. —Woody Allen A new way of doing divorce, called collaborative family law, has been quickly […]
The Legalities of Gift Giving
The Legalities of Gift GivingYou get the most of what you need the least!Murphy’s Law of Gifts With the holiday season upon us, we thought this would be a good time to discuss gifts and yes – the law. Believe it or not there are a variety of legal rules respecting gifts and gift giving. […]