Ontario has passed new legislation into law which modifies the Employment Standards Act. The government has decided to crack down on employers; the Ministry of Labour is hiring 175 more employment standards officers to audit companies each year to ensure that they are not ‘mistakenly’ classifying an employee as an independent contractor. The courts have ‘interpreted’ the ESA and have through various decisions established a non-exhaustive list of factors which should be considered when making such a determination...read more
IN THIS ARTICLE, I will shed light on the enforceability of confidentiality clauses (a.k.a. non-disclosure agreements) in employment contracts and various business contracts. A confidentiality clause typically prohibits a person from disclosing or using the confidential information of the employer or company. Courts are likely to enforce confidentiality clauses...read more
IN THIS ARTICLE, I will shed light on the enforceability of "non-solicitation" clauses (a.k.a. "non-solicit" agreements).
On the spectrum of scrutiny accorded these three restrictive covenants, courts place non-solicitation
clauses in between non-compete
Courts do not always enforce these restrictive covenants, even if the parties understood what they were signing...read more
IN THIS ARTICLE, I will shed light on the enforceability of "non-compete" clauses, a.k.a. non-competition agreements. Courts do not always enforce these restrictive covenants, even if the parties understood what they were signing. Of the three restrictive covenants, courts are most reluctant to enforce non-compete clauses; compared to non-solicitation and confidentiality clauses, a stricter test is applied to determine whether a non-compete is enforceable...read more
BE AWARE! YOUR CREDIT CARD INSURANCE PROBABLY DOES NOT COVER "COURTESY" CARS FROM CAR DEALERSHIPS.
Most rental "cars" from "rental agencies" are covered unless they are worth more than a certain dollar figure (there are a lot of exclusions if you read the fine print). I learned later in the process that typically "rental car insurance" provided by Visa and other cards do not consider courtesy cars as rentals and, therefore, do not cover any damages to them. It's in the fine print of credit card agreements...read more
Before accepting any termination pay or severance pay from your employer when you are fired or laid-off or your employment is terminated, read the termination provision of your employment contract carefully. There is a possibility that it does not comply with the Employment Standards Act (“ESA”) and it is, therefore, void and unenforceable. In which case, you will likely be able to negotiate a larger termination/severance payment than your contract states, since the more generous “common law” will apply instead of your contract...read more
The end-game of mediation and arbitration is the same, that is, to have the disputing parties resolve their dispute and evidence the terms of that resolution or settlement in writing. The major difference is the way in which that goal is achieved...read more
A signature is not always required to form a binding contract, but when one is required, whether an e-signature is legally binding depends on the ‘intent’ and the ‘consent’ of the parties. Generally, in both Canada and the U.S., if there is intent and consent, an e-signature is as legally binding as a hand-written signature...read more
Although there is no ‘one right way’ to sign a contract, there are right ways and wrong ways. You do not want to sign it a wrong way and find yourself personally liable for paying a huge court judgement against your company, or at best an expensive court battle...read more
You do not have to pay $350 an hour for a good business lawyer to ensure your contracts are legally sound and protect your interests. There is an alternative to hiring a lawyer from a typical law firm that will save your company a lot of time, money and aggravation...read more
Most small businesses and independent contractors are at a big disadvantage when contracting with larger companies. It could become a huge headache down the road if a dispute arises. That is when contracts truly earn their keep...read more
Affordable Legal Advice for Small Businesses and Independent Contractors: You can hire a knowledgeable lawyer to provide commercial contract advice without the typical high cost of a traditional law firm...read more
NOT LEGAL ADVICE. Information made available on this website in any form is for information purposes only. It is not, and should not be taken as, legal advice. You should not rely on, or take or fail to take any action based on this information. Do not disregard other legal advice or delay seeking legal advice because of something you have read on this website. A Contracts, Law & More lawyer will be pleased to discuss resolutions to your specific legal concerns.