Cross-Border & Canadian Business Blog
Exploring cross-border business opportunities and trends.
The Ontario Court of Appeal recently upheld a gift made to beneficiaries under a will, despite the assets being owned by a corporation, and not the deceased himself. This is an important decision that will affect estate planning and will construction. In particular, testamentary gifts that may previously have failed may now be valid. In …
Continue reading “Trezzi v. Trezzi: Can You Gift Assets You Do Not Own?”
In my previous blog (Volume 1, Number 2), I discussed the importance of reading contracts before signing them. As a refresher, if you sign a contract, you are generally bound by the terms of the contract even if you had not read the terms of the contract before you signed it. While this advice is …
On June 17, 2020, the Court of Appeal for Ontario released its decision in Waksdale v. Swegon North America Inc., (“Waksdale”) 2020 ONCA 391, delivering a seismic victory for employees, upending decades of practice in drafting employment agreements, and sending companies scrambling to bring their agreements into compliance with the new reality. Drafting Employment Contracts before Waksdale …
Now that January is over and with it many of your New Year’s Resolutions, here is an HR Check List that employers should resolve to consider: Ontario employers are required by law to have the following workplace policies: an Accessibility Policy; a Pay Equity Plan (employers with 10 or more employees); a Workplace Health and …
Companies governed by the Canada Business Corporations Act (the “CBCA”) should be aware and mindful of recent amendments to the CBCA related to directors’ and officers’ fiduciary duties and diversity disclosure requirements with consequential filing obligations. Some of the amendments are already in place, others will come into force in January 2020 and the balance …
Entering into any new market for business can raise questions about the legal issues and requirements of recruiting and employing your workforce. American employers may be nervous about operating without “at-will” employment of their workforce. Some employers may be tempted to use an “easy strategy” of independent contractor arrangements in place of employment relationships. This …
Schedule 1 employers should be aware that Ontario’s Workplace Safety and Insurance Board (“WSIB”) will usher in its new rate framework on January 1, 2020. As we count down toward implementation, my posts will provide quarterly updates and insights to assist Schedule 1 employers with the transition. The WSIB’s new framework is long anticipated, dating …
Continue reading “WSIB’s Rate Framework Reform – The Countdown is On”
Earlier this year, Canada’s federal government released the latest revisions to the Trademarks Act (the “Act”) and Regulations — a key step towards implementing the most significant changes to the Canadian trademark regime in half a century. After many false starts, it was announced that Bill C-31 (to amend the Act as part of a …
UPDATE: effective the evening of December 13th, 2018, the Ontario government has taken a different approach to the retail cannabis licensure process as a result of the legal cannabis supply shortage across Canada. In lieu of the unlimited number of applications that were to be accepted on December 17th, 2018, the regulator will be accepting …
On June 1, 2017, following two years of consultation, Ontario’s Liberal Government unveiled the Fair Workplaces, Better Jobs Act, 2017 (“Bill 148”), which introduced some of the widest-sweeping changes to Ontario’s employment legislation in the province’s history. The changes did not last long; less than one year after Bill 148 was passed, Premier Doug Ford’s …
Continue reading “What’s Old is New Again in Ontario with Bill 47’s Sweeping Employment Law Changes”