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...
Law Articles
26 Jan The Executor’s Roadmap – Death and the Funeral
This series of articles will cover the many stages that an executor (now also known as an "Estate Trustee") must pass through in managing the affairs of a deceased- from...
20 Jan Trustee Compensation: Small Numbers That Add Up
Some might feel that being an Estate Trustee is an utterly thankless job. I'm here today to tell you that isn't totally accurate. Trustees are entitled to a small 'thank you' in...
19 Jan Using Social Media To Build Your Online Reputation
I was recently interviewed by Law Times correspondent Jim Middlemas on the role of social media in Canadian law practices....
19 Jan Can Your Last Will and Testament Prevent Your Ex From Getting Child Custody After Your Death?
Can Your Last Will and Testament Prevent Your Ex From Getting Child Custody After Your Death?...
22 Dec Wise Law Blog: Post #3500 – On Milestones, Law Blogging, the Marketing Classes and Vulgar Talking Yams
So, after all is said and done, this is blogpost number 3500 at Wise Law Blog....
22 Dec Life Insurance: Your Money’s Life After Debt
The Ontario Estate Information Return has arrived and is here to stay. Effective January 1, 2015, every Executor or Estate Trustee who obtains a grant of probate (also known in Ontario...
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...
15 Dec The (Dreaded) Ontario Estate Information Return
The Ontario Estate Information Return has arrived and is here to stay. Effective January 1, 2015, every Executor or Estate Trustee who obtains a grant of probate (also known in Ontario...
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...
08 Dec Power of Attorney for Personal Care: Great Power with Great Responsibility
Posted at 13:12h
in Estate Planning, Powers of Attorney, Trustee & Executor Duties, Wills and Estate Law
A Power of Attorney for Personal Care is a document that sometimes gets referred to, or thought of, as a "living will" or "advanced care directive"....
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...
07 Mar Laws Required to Swat Employers’ Hands from Employees’ Tip Jar
In many workplaces in the service sector, tips are pooled together and, at the end of a shift, divided up among the workers on duty during that shift. It...
20 Feb Mitigation – A Dismissed Employee’s Continuing Obligation
It is a well founded principle in the law of contracts that once a breach occurs, a plaintiff has an obligation to minimize their damages. In bringing an action against...