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Wednesday, August 02, 2017 @ 09:18 AM

Feds reverse union certification, decertification processes

As predictable as the ocean tides, labour law in this country ebbs and flows in conjunction with the political stripes of the governing party. This is true at the provincial and federal level. A case in point is the seemingly never-ending debate over card check certification versus secret ballot vote certification. Unions prefer the former and employers, if they had to have a regime permitting certification at all, would opt for a vote. ... [read more]

Tuesday, August 01, 2017 @ 12:31 PM

CETA and CFTA: The impact of Canada’s sesquicentennial trade agreements

Canada’s 150th birthday present was set to include two new trade agreements. Both the Canadian Free Trade Agreement (CFTA) and the Canada-European Union Comprehensive Economic and Trade Agreement (CETA) were expected to come into force on July 1, (provisionally, in the case of CETA). ... [read more]

Tuesday, August 01, 2017 @ 08:37 AM

21st century estate practice: Shrunken heads and sperm

Hollywood’s vision of an estate solicitor sitting at their desk mulling fine points of tax law while sipping tea and drafting a will is so far from modern practice as to be laughable. One troubling issue for estate practitioners in the 21st century is the plethora of unique assets that have to be planned for, administered, and/or disposed of in a safe and permissible manner. An unscientific survey of our colleagues’ experiences yields some useful tips for dealing with unusual assets. ... [read more]

Friday, July 28, 2017 @ 07:15 AM

Jointly owned real property and bankrupt estates

Is jointly owned real property which otherwise would appear to pass to the surviving joint-owner by right of survivorship available to satisfy the debts of the deceased joint-owner should his or her estate later be found to be bankrupt or insolvent? ... [read more]

Thursday, July 27, 2017 @ 08:37 AM

Advising landlords on traps in Ontario’s new Rental Fairness Act Rental fairness

The Residential Tenancies Act, 2006 (RTA) was recently amended by the “Rental Fairness Act, 2017” to address loopholes or abuses by some “small” landlords under the current RTA. ... [read more]

Wednesday, July 26, 2017 @ 09:15 AM

A ‘sandbagging’ clause is a business as well as a legal decision

There are few issues in a private M&A transaction as potentially divisive as the treatment of “sandbagging” in the purchase agreement. Sandbagging occurs when the buyer learns that one or more representations or warranties of the seller is inaccurate, the buyer does not communicate that knowledge to the seller, completes the transaction despite such knowledge and then seeks indemnification from the seller post-closing for losses arising from the inaccuracy. ... [read more]

Tuesday, July 25, 2017 @ 12:13 PM

Reference letters: The good, the bad and the tombstone

Sometimes there are clear-cut instances where an employee has committed misconduct that gives an employer just cause to dismiss the employee. However, obvious instances of just cause are rare indeed. The overwhelming majority of dismissals are without cause and many raise an eternal debate for employers: whether or not to provide the dismissed employee with a reference letter. ... [read more]

Tuesday, July 25, 2017 @ 08:35 AM

Determining cost of future care in traumatic brain injury Brain injury

There are approximately 160,000 traumatic brain injuries (TBI) in Canada every year. It is the leading cause of death in people under the age of 45. Many are left without the ability to work or perform activities of daily living (ADLs). ... [read more]

Monday, July 24, 2017 @ 08:39 AM

Distributive tax knowledge will keep those negligence claims away

A tax topic that is becoming increasingly important and a fixture in family law corporate division is distributive taxes. This concept can attract negligence claims against a lawyer who does not consider them for his or her client. When it comes to division of family property, consideration of distributive taxes or lack thereof may mean gaining or losing hundreds of thousands, if not millions, of dollars for a spouse. ... [read more]

Monday, July 24, 2017 @ 08:32 AM

The case for applications instead of actions in wrongful dismissal cases

As trite as it sounds, access to justice requires accessing our justice system – getting in front of a judge to determine one’s grievance. In 2014, the Supreme Court of Canada recognized in Hryniak v. Mauldin, 2014 SCC 7, what many of us already knew, that "...undue process and protracted trials, with unnecessary expense and delay, can prevent the fair and just resolution of disputes." Since summary judgment is not the solution for access to justice, are applications the answer? ... [read more]