Assuring Good Title
Assuring Good Title Buying a home is the biggest purchase most of us will make. With so much money on the line, the last thing you need, is to find out some unknown person has a claim on your home or to have a problem that will make it difficult for you to refinance or […]
PUT IT IN WRITING – The importance of shareholder agreements
PUT IT IN WRITING – The importance of shareholder agreements When setting up a business there are three formats to consider – sole proprietorship, partnership and incorporation. Each has advantages and disadvantages depending on the particular circumstances. When two or more people are going into business together, they must obviously choose between partnership and incorporation. […]
It’s that time of year again!
It’s that time of year again! The winter season is upon us and that means snow, ice, slippery conditions – and falls! If you are the victim of a fall, and more than just your pride is injured, you would be wise to promptly seek legal advice. Timing is particularly critical if the fall occurs […]
Duties of Departing Executive Employees
Duties of Departing Executive Employees Executive employees owe their employer a duty of loyalty as well as a fiduciary duty. The fiduciary duty arises when an employee is in a position of trust vis-a-vis the employer. Top management and other executives assume this mantle since they are normally charged with an initiative and responsibility far […]
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 […]