31 Jul The Challenges of Will Challenges
I frequently speak with potential will challengers, usually someone who has been omitted from the will, or received much less than other beneficiaries of the same relation to the deceased,...
Law Articles
05 Jul Statutory Layoffs, Constructive Dismissal and Covid-19
The Covid-19 pandemic has proven just how adaptive and resilient we are as a society. In the face of this crisis, we have embraced drastic changes to how we live,...
01 May Ford Government: Ontario’s 13-Week Layoff Limit Eliminated During COVID Emergency
The Ford Government has made a crucial, temporary change to Ontario's Employment Standards Act (ESA) that will impact countless employers and employees in the Province....
08 Apr Virtual Witnessing of Wills and Powers of Attorney Comes to Ontario During Covid-19. What Will Come Next?
Last week, we brought you news about an urgent Court session that would be taking place in Ontario to address the question of whether a Wills and Powers of Attorney can be...
03 Apr Is the “Zoom Last Will” Coming to Ontario?
The Superior Court in Ontario has agreed to hear an urgent case that addresses what has become a critical issue during the Covid-19 pandemic: can a Last Will be validly...
23 Mar Coronavirus and Your Workplace: Thoughts for Employers from an Ontario Employment Lawyer
With words like “pandemic” and “state of emergency” being used to describe the novel coronavirus, it is understandable to feel a bit overwhelmed....
27 Sep Henson Trusts: The Supreme Court of Canada Saves an Important Estate Planning Tool for Canadians with Disabilities
Henson trusts for persons with disabilities have long been an important way for Canadian families to provide for children or adults with physical challenges....
15 Mar Wise Law Roundtable: Forced Retirement, Age Discrimination and Wrongful Dismissal
With mandatory retirement no longer legal in Ontario, older employees are gaining stronger protections. Employers must tread carefully—forced retirements can lead to significant wrongful dismissal claims....
14 Nov What Happens When an Estate Doesn’t Provide Adequate Support for a Dependant?
Many people are familiar with the obligations to provide support for a spouse and for children that can arise when two people separate. There is a fairly equal, but perhaps...
22 Feb Wrongful Dismissal and Ontario’s Employment Law Framework
Under Ontario law an employee terminated without just cause must receive either reasonable notice or pay in lieu. While the Employment Standards Act sets a statutory minimum—such as termination notice...
31 Jan Employee or Contractor? Apply the Duck Test…
Ontario courts look at the true nature of a work relationship—not just what the contract says. If a worker behaves like an employee (e.g. under direction, using company tools, with...
20 Dec When is a Layoff Really a Termination in Disguise?
There are big differences between the ways the law treats employee layoffs and permanent terminations. Although the terms are often used interchangeably when describing employment that has ended, they are...
13 Dec Are Non-Compete and Non-Solicitation Clauses Actually Enforceable?
Employment agreements will often include language that is intended to restrict the actions of employees following the end of their employment. These types of clauses, typically relating to confidentiality, non-solicitation...
01 Dec Last Wills that Offend Public Decency
Competing February 2016 rulings by Ontario courts have left us with real questions as to when a discriminatory Last Will and Testament will be upheld in this province....
29 Nov Enforceability of Employment Agreements: Termination Clauses in Ontario
Employment agreements in non-union environments typically govern the terms of the working relationship itself, but they may also set out exactly how the employment relationship may be brought to an...
24 Nov Getting It Right: Formal Requirements for Your Last Will and Testament
Keep this in mind when drafting your Last Will and Testament. The law is very clear about the formal requirements that must be met for a Will to be validated....
22 Nov Top 7 Tips for Getting Fired Like a Pro
It is never a pleasant experience to learn that your employment is being terminated, no matter what the circumstances may be. Nonetheless, there is a right way of handling your dismissal. If you...
04 Nov Salt on a Wound: Breaching Confidentiality of a Wrongful Dismissal Settlement Can Cost You
A cautionary tale for employees - an employer can and very likely will sue you, if you breach the confidentiality clause of an employment law settlement agreement....
14 Oct Heckling the Home Team: Off-Duty Conduct and Dismissal for Cause
What kind of off-duty conduct could justify an Ontario employee's dismissal for cause?...
14 Oct Are You “Just Happy to See Me,” or Looking to Get Fired?
This grocery store worker from Croton-on-Hudson, N.Y, was terminated for leaving work with far more meat in his pants than he arrived with. $1,200.00 more meat, to be precise. (Make up your own punch...