Perks Law Group

02/22/2021

Since the beginning of the pandemic, employers and employees have both been asking, “Will the pandemic cause employers to pay longer than normal common law reasonable notice periods?” In Yee v. Hudson’s Bay Company, 2021 ONSC 387, J. Dow delivered what is the first glimpse at an answer.

https://perkslawgroup.com/resources/the-impact-of-covid-19-on-notice-periods-yee-v-hudson-s-bay-company/

12/30/2020

Knowingly misleading a counterparty can include half-truths, omissions, and even silence, depending on the circumstances. In C.M. Callow Inc. v. Zollinger, the SCC expands the duty of honest performance in contract. The decision clarifies what constitutes a breach of the duty of honesty in certain circumstances where one party does not correct the other’s mistaken belief. Read here: https://perkslawgroup.com/resources/c-m-callow-v-zollinger-2020-review/

12/29/2020

The SCC, in Uber Technologies Inc. v. Heller, 2020, struck down an arbitration clause that would have barred a group of Ontario workers from proceeding with a class action regarding the terms and conditions of their work. In so doing, the court gave important guidance on the enforceability of arbitration agreements as well as the doctrine of unconscionability.

The Uber decision is helpful to workers seeking to challenge standard form contracts that are shielded from civil litigation by arbitration clauses or other onerous dispute resolution provisions. Read more here:

https://perkslawgroup.com/resources/arbitration-clause-uber-2020

12/21/2020

It's time for a "2020 Year-In-Review"
..And what a year it has been. Over the next two weeks, Perks Law Group will be highlighting some of the many notable employment law cases and legislative developments which transpired over the past twelve months. These updates will be useful for small and medium size business owners, employment counsel, law students, and employees in Ontario.

Our 2020 Year-In-Review will draw your attention to the following developments:

1. Unenforceable termination clauses;
2. Unconscionable arbitration clauses;
3. Bonus entitlements during the notice period;
4. Obligations of purchasers and vendors during the sale of a business;
5. Mitigation on fixed-term contracts;
6. Unlawful 'just cause' provisions;
7. Grounds for 'just cause' dismissal; and
8. Covid-19 related rules and legislation

Despite the pandemic causing much of normal life to halt, 2020 was likely one of the busiest years for employment law— both in the common law and statutory legislation. For this reason, and many others, we will bring these updates to your attention. As always, we are happy to assist should you have any questions.

Stay tuned...

11/06/2020

Focused on acting for owners and managers of private and family operated businesses. Much like our clients, we value lasting relationships and strategic advice with an emphasis on risk-mitigation and prosperous growth. Visit www.perkslawgroup.com today.

11/05/2020

Fool me once, shame on you; fool me twice, shame on me. What steps should you be taking to prepare your business during the second wave? Find out in our latest resource for employers.


https://perkslawgroup.com/resources/how-to-prepare-business-for-second-covid-19-wave

11/04/2020

The second wave is here...

Immediate steps business owners/employers should discuss with their legal counsel:
1. Review business contingency plan;
2. Review compliance with the latest COVID-19 health guidance and occupational health and safety legislation;
3. Discuss the appropriate laws and procedures related to layoffs should they be necessary (avoid common pitfalls and constructive dismissal claims);
4. Discuss updating employment agreements to include temporary layoff provisions; and
5. Discuss recent case law developments impacting the enforceability of termination and bonus clauses and review how these changes in the common-law might impact existing employment agreements.

Contact us today. (647) 528-2560

10/26/2020

Attention ; learn how new legislation allows for more effective tax and estate planning through the use of a personal real estate corporation (PREC). Contact us to determine whether incorporating is right for you.

PLG is a Toronto-based corporate, commercial, and employment law firm focused on serving entrepreneurs, start-ups, SMEs, and established companies across Ontario.

10/20/2020

The Document That Could Save You Thousands: Employment Agreements 101

In our latest , we outline why Ontario , regardless of size, number of employees, or years in operation, should retain experienced employment counsel to draft or review employment agreements to ensure they adequately protect the business. We compiled five (5) important points we believe employers should know about employment agreements and the employment relationship.

PLG is a Toronto-based corporate, commercial, and employment law firm focused on serving entrepreneurs, start-ups, SMEs, and established companies across Ontario.

10/09/2020

The handed down an important decision today relative to an employee’s notice period and corresponding bonus, stating in part:

“Courts should accordingly ask two questions when determining whether the appropriate quantum of damages for breach of the implied term to provide reasonable notice includes bonus payments and certain other benefits,” wrote Justice Kasirer. “Would the employee have been entitled to the bonus or benefit as part of their compensation during the reasonable notice period? If so, do the terms of the employment contract or bonus plan unambiguously take away or limit that common law right?”

The Supreme Court of Canada has reinstated a $1-million award to a former chemist forced out of his job at a Nova Scotia nutrition company, finding the company failed to give him reasonable notice of constructive dismissal and thus deprived him of a bonus he would have received had proper notice bee...

10/08/2020

As of October 1, 2020, Ontario realtors can now incorporate through their own Personal Real Estate Corporation (PREC). A PREC is a corporation that a realtor may establish which allows the corporation to directly receive remuneration earned by the registrant. In effect, this new development allows for, but does not require, individual realtors in Ontario to incorporate their business, putting realtors on an equal footing with lawyers, accountants, doctors, and other professionals

Stay tuned for our analysis in the coming days where will discuss the pros and cons for realtors and what advice realtors should seek before incorporating.

10/06/2020

For corporations with more than one shareholder, a Shareholders’ Agreement is often a prudent and beneficial agreement. Find out more in our latest resource.

PLG is a Toronto-based corporate, commercial, and employment law firm focused on serving entrepreneurs, start-ups, SMEs, and established companies across Ontario.