Civil Litigation
Supreme Court of Canada Clarifies Duty of Honesty
The duty to act honestly in the performance of a contract precludes active deception. If one party lies or knowingly misleads the other party this may be a breach of the duty of honesty.
Read MoreOntario Superior Court applies Waksdale Decision to Invalidate Termination Provision
Ontario Superior Court applies Waksdale Decision to Invalidate Termination Provision In Sewell v. Provincial Fruit Co. Limited, 2020 ONSC 4406, the plaintiff brought a motion for summary judgment to determine the notice payable because of his termination. The plaintiff had signed an employment contract which included the following termination clause: b) Termination by the Company…
Read MoreFailure to Launch or Failure to Instruct – Training in the Era of COVID-19
Over the past few months, I have seen an increasing number of cases where employees have been moved into new positions. Although there has been considerable discussion regarding the risks of constructive dismissal when this occurs, there has been less discussion on the need to provide proper training.
Read MoreNon-Payment and Extending Credit: Ten Considerations for Contractors and Suppliers
Non-Payment and Extending Credit: Ten Considerations for Contractors and Suppliers Your company is not a bank. You are not in the business of lending money over extended periods of time. Just because the general contractor has not been paid does not mean that you should not be paid (see item #1). Remember…
Read MoreAnother One Bites the Dust…Court of Appeal Strikes Down Termination Provision
In a recent decision, the Ontario Court of Appeal has found that where an employment agreement has a “for cause” termination provision which violates the ESA and a “without cause provision” which complies with the ESA, both provisions will be struck down as unenforceable. This is the case even if the employee is being terminated “without cause” and even in the face of a severability clause.
Read MorePrivate Arbitration – A Solution to Courthouse Gridlock?
Private Arbitration – A Solution to Courthouse Gridlock? The recent outbreak of COVID-19 is forcing the Ontario court system to evolve in order to maintain access to justice. Unfortunately, the Ontario courts remain significantly backlogged and while some hearings have resumed, most trials are still being adjourned and many civil matters will likely take even…
Read MoreOttawa Employment Lawyers | I was just let go “without cause”, what does this mean?
I was just let go “without cause”. What does this mean? Justin A. Villeneuve Lawyer – Litigation Prior to engaging in any litigious action, clients should have a grasp of not only their rights but those of the employer as well. What may not appear fair, maybe either contractually or legally legitimate. The term “without…
Read MoreOttawa Employment Lawyers | Forfeiture of Unvested Shares
I was fired without cause. What happened to my company shares or stock options? Justin A. Villeneuve Lawyer – Litigation Your job was just terminated “without cause” and as if it’s not bad enough that you just lost your job, you also find out that your shares in the company are no longer yours. Just…
Read MoreShould I waive my right to a home inspection?
Should I wave my right to a home inspection? Vlado Hajtol Partner – Solicitor We placed an offer on a house, which was accepted by the sellers. The agreement is conditional upon a satisfactory home inspection. The house was built only a few years ago and we are considering waiving our right to a home…
Read MorePersonal Injury: What steps can you take to protect yourself?
What should I do if I am injured and someone else is responsible? Patrick Snelling Partner – Litigation As a litigation Lawyer, I am often retained weeks, months or even years after a client has suffered an injury as a result of another’s negligence. Ideally, if you are injured as a result of someone else’s…
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