Employment Law

Employer’s Resource | Are contracts necessary?

Employer’s Resource | Are contracts necessary? Reasonable Notice and Bonus Requirements Justin A. Villeneuve Lawyer – Employment Law I’m always surprised to see how many employers still adopt the “handshake” method when hiring employees. I can understand the temptation to be nostalgic, but these types of employment agreements can leave employers at loss. Especially when…

Read More

Ottawa Employment Lawyers | Duty to Accommodate & Frustration

Duty to accommodate – Where do employers draw the line? Justin A. Villeneuve Lawyer – Litigation Answer: Employers should do what they can to accommodate their employee’s disability, but there’s a line to be drawn between accommodation and frustration of the employment contract. If the contract is in fact “frustrated”, the employer can end the…

Read More

Ottawa Employment Lawyer | Termination and Lawsuits

I was fired without cause. My employer has given me an offer. Should I take it? Justin A. Villeneuve Lawyer – Litigation Answer: Employers aren’t handcuffed to their employees. If they act in accordance with their statutory and common law obligations, employers are free to part ways with employees without cause. Typically, the employer is…

Read More

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…

Read More

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…

Read More

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…

Read More

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…

Read More

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…

Read More

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…

Read More