Categories
Not all forms of litigation have to be disclosed in the disclosure document
In recent years, the franchisor's disclosure obligations and the franchisee's right to rescind as a result of the franchisor's failure to meet said obligations have been the subject of many disputes. Under section 5(4) of the Arthur Wishart Act (the...
Ontario Government Introduces Key Changes to Ontario’s Employment Standards Act
On November 20, 2014, Bill 18 which is known as the Stronger Workplaces for a Stronger Economy Act, 2014 received royal assent. Bill 18 made significant changes to Ontario's Employment Standards Act ("the ESA") and amended other employment-related statutes. With...
Non-competition Agreements
When accepting employment, concluding a sale of a business, or entering into a business relationship, one may often agree to sign a confidentiality, non-solicitation, and/or non-competition agreement. Of the three, a non-competition covenant usually appears to be the most onerous...
Annual Valuation Provisions in Shareholders’ Agreements
Where a private corporation has more than one shareholder, the shareholders are well advised to enter into a shareholders' agreement. This is an agreement that specifies how the corporation is to be governed, how major decisions will be made, and...
Commercial Tenancies – Assignments and Subleasing – Consent of Landlords
Most commercial leases contain provisions that require tenants to obtain the consent of their landlord to a proposed assignment or sublease. Additionally, they also contain provisions that the landlord will not withhold that consent unreasonably. In the absence of such...
The Supreme Court of Canada recognizes a general duty of honesty and good faith performance in contract law
A recent ground-breaking decision released by the Supreme Court of Canada has recognized a "general organizing principle of good faith contractual performance" in Canada and, more importantly, imposes a new duty of honesty in the performance of contractual obligations. While...
