The Principle Of Buyer Beware In Contract Law
[vc_row][vc_column][vc_column_text]June 10, 2015 By Mark Mikulasik Co-Authored by Jon Clark (Student at Law, Weilers) Love them or hate them, the reality is that contracts are part of our everyday lives. For many the first experience with the law is when faced with a contract for something as simple as a cell phone or the purchase of […]
Mobility Rights And Relocation In Family Law
[vc_row][vc_column][vc_column_text]May 22, 2015 Change is a fact of life for all families, and this is particularly true in the area of family law when it comes to determining what will happen when the parent with legal custody of a child decides to relocate after a separation. There may be many reasons for a move, perhaps […]
Marriage With A Business – Consider A Marriage Contract
[vc_row][vc_column][vc_column_text]May 12, 2014 By Brad Smith What happens when a husband and wife separate and they are partners in a business? Can one spouse be required to buy, or sell, his or her interest in the partnership? The Ontario Court of Appeal said no in the decision of Danecker v. Danecker. The Court confirmed that separated spouses are not […]
Dependent Contractors And Reasonable Notice Of Termination
[vc_row][vc_column][vc_column_text]May 12, 2015 By Brian Babcock Substance usually defeats form in law, and wrongful dismissal law is no exception. Calling someone a contractor, but treating them similar to an employee, may trigger obligations of reasonable notice of termination. Thus, it comes as no surprise that in a recent trial decision, an Ontario Superior Court judge decided that […]
Western Grain By-products Storage Ltd. V. Donaldson, 2015 Fca 62 – The End Of A Saga
[vc_row][vc_column][vc_column_text]April 27, 2015 On March 4, 2015, the Federal Court of Appeal released its decision, bringing this long-standing dispute to an end. Mr. Donaldson claimed constructive dismissal under the Canada Labour Code in November 2007. He asserted the employer’s request for a “better doctor’s note”, before allowing him to return to work after a five and a […]
When A Suspension Is Termination Of An Employee
[vc_row][vc_column][vc_column_text]April 22, 2015 By Brad Smith In Potter v. New Brunswick Legal Aid Services the Supreme Court of Canada identifies when an administrative suspension is a constructive dismissal. The court concluded the employee was dismissed because the suspension was indefinite, the employer’s bad faith and its intention terminate him. The employer was required to pay out the remainder […]
Show Some Consideration
March 27, 2015 By Brian Babcock Maybe you have read, or even signed, a document which included the magic words “In consideration of…” and wondered why that phrase appears. You should never sign a legal document if you do not understand the terms, so the first tip in this article: never be afraid to ask questions before signing contracts, […]
Show Some Consideration
[vc_row][vc_column][vc_column_text]March 27, 2015 By Brian Babcock Maybe you have read, or even signed, a document which included the magic words “In consideration of…” and wondered why that phrase appears. You should never sign a legal document if you do not understand the terms, so the first tip in this article: never be afraid to ask questions before signing contracts, […]
Is A Termination Without Cause Always Unjust? No, Says The Federal Court Of Appeal
[vc_row][vc_column][vc_column_text]March 16, 2015 By Brad Smith In Wilson v. AECL an employee was terminated without cause and provided with 6 months severance pay. The employee complained under the Canada Labour Code alleging his termination was unjust. He argued a termination without cause is always unjust under the Canada Labour Code. Prior to Wilson v. AECL there was debate whether a […]
Wind Farm Wars
[vc_row][vc_column][vc_column_text]March 9, 2015 By Mark Mikulasik The approval and review process for wind farm projects was recently considered and approved by the Divisional Court in the case of Dixon v. Director, Ministry of the Environment. Under the Environmental Protection Act, the Director may issue a Renewable Energy Approval (“REA”). Any Ontario resident may then require that the […]