Employment Law

Termination: What is "Just Cause"?

Kanata CA personal injury, family, and real estate law firm

Last month local newspapers reported the case of a McDonald’s employee in Kanata who was dismissed after receiving poor performance reviews. The employee received more than $100,000.00 in court. Why? The short answer is that the judge in this case found that although the employee’s performance was not perfect the employer did not have “just…

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Asset Purchase v Share Purchase

Kanata CA personal injury, family, and real estate law firm

I am negotiating to purchase a business and my business advisor has strongly suggested I structure the deal as an “asset purchase”. Why is this preferable? There are two principal ways to structure the agreement of purchase and sale of a business: as an asset purchase or as a share purchase. An asset purchase is…

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Common-Law Relationships: Co-Signed Loans and Lines of Credit

Kanata CA personal injury, family, and real estate law firm

My common-law husband of five years and I recently separated. We have no children, and divided our assets equally. He owns a small business and I have previously co-signed for a vehicle loan and line of credit for his business. Now that we are separated, am I automatically released from these loans? Separating couples often…

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Medicine and the Professional Corporation

Kanata CA personal injury, family, and real estate law firm

I am a practicing family physician with two young children. My accountant mentioned the idea of incorporating my practice into a professional corporation. How does this work? As a physician, you are generally permitted to create a physician corporation. The Ontario Business Corporations Act (OBCA) and the Regulated Health Professions Act govern physician corporations. Once incorporated, a Certificate of Authorization…

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Termination of Employment and Reasonable Notice

Kanata CA personal injury, family, and real estate law firm

Question: I’ve worked as a bookkeeper for 9 years. I started as a part-time employee but for the last couple of years I’ve worked almost 40 hours a week. My employer is retiring and selling the business. I’ve heard through the grapevine that the buyer is a competing business and likely won’t require my services so I probably…

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Wills: How are they validated? Can I hand write my own?

Kanata CA personal injury, family, and real estate law firm

I made my own hand-written will few years ago. I believe it’s valid and truly reflects my wishes, however my financial advisor told me I should get a proper will drafted by a lawyer. Why should I do that? Wills are legal documents that will dictate the distribution of assets after one’s passing and there…

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Temporary Layoffs

Kanata CA personal injury, family, and real estate law firm

Work at my business has slowed down quite a bit this year. I currently have 11 employees but there is not enough work to go around. I should be getting a set of new contracts that will keep everyone busy this spring, but I’d like to make some temporary layoffs in the meantime to avoid…

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Prenuptial Agreements: What are they and when do you need one?

Kanata CA personal injury, family, and real estate law firm

I’m a young professional and I am currently engaged to be married. I’ve heard of people signing prenuptial agreements. What is a pre-nup and do I need one? What people call a pre-nuptial agreement, or a “pre-nup” is called actually called a marriage contract in Ontario. If a marriage meets an unfortunate demise, the marriage…

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Understanding the Ontario Land Transfer Tax

Kanata CA personal injury, family, and real estate law firm

I want to transfer my house to my son. Do we have to pay Land Transfer Tax on such a transfer? As long as there is no consideration passing between you and your son, and the transfer is a gift to your son, there is no Land Transfer Tax payable. What is Land Transfer Tax? Land Transfer Tax…

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