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  • Article

    Saskatchewan Officially Becomes Canada's Seventh Province With Franchise Legislation

    Saskatchewan has officially become the seventh Canadian province to enact its own provincial franchise legislation, joining Ontario, Alberta, British Columbia, Manitoba...
    CanadaCorporate/Commercial Law
    Cassels
    Cassels
  • Article

    Smells Like Bias? The Ontario Court Of Appeal's Decision In Aroma Sets Out The Rules Regarding Arbitrator Bias

    In Aroma Franchise Company Inc. v Aroma Espresso Bar Canada Inc., 2024 ONCA 839, the Ontario Court of Appeal weighed in on the issue of arbitrator...
    CanadaCorporate/Commercial Law
    Cassels
Cassels
  • Article

    Substance Over Form: The Ontario Court Of Appeal Provides Guidance On Wishart Act Damages

    A recent decision of the Ontario Court of Appeal has provided franchisors and franchisees with further guidance on how to calculate statutory rescission damages under section 6 of Ontario's Arthur Wishart Act (Franchise Disclosure), 2000.
    CanadaCorporate/Commercial Law
    Cassels
    Cassels
  • Article

    Supreme Court Of Canada Confirms The Tax Treatment Of Future Obligations Assumed By A Purchaser

    The Supreme Court of Canada recently issued its highly anticipated decision in Daishowa-Marubeni International Ltd. v. The Queen, dealing with the tax treatment of future obligations that are assumed by a purchaser of assets.
    CanadaCorporate/Commercial Law
    Cassels
    Cassels
  • Article

    Sweet Success: Supreme Court Of Canada Denies Dairy Queen Franchisee's Leave Application

    The Supreme Court of Canada has dismissed a former Dairy Queen franchisees' application for leave to appeal a decision affirming the franchisor's enforcement of a Mutual Cancellation and Release
    CanadaCorporate/Commercial Law
    Cassels
    Cassels
  • Article

    The Butcher's Block (Part 2): Bc Supreme Court Finds Franchisee Parties In Contempt For Breach Of Injunction Order

    It is rare that there are follow-up decisions from franchise injunctions, but a recent British Columbia Supreme Court (BCSC) decision demonstrates that if a franchise...
    CanadaCorporate/Commercial Law
    Cassels
    Cassels
  • Article

    Virtually Guaranteed: Amendments To Alberta's Guarantees Acknowledgment Act

    Most forms of franchise agreements require the provision of a personal guarantee by the franchisee shareholders to guarantee the franchisee corporation's obligations under the agreement.
    CanadaCorporate/Commercial Law
    Cassels
    Cassels
  • Article

    2022: The Year In Review In Employment Law

    2022 was a year of change. The world emerged from the COVID-19 pandemic and ushered in a new landscape for workplaces and employment law in Canada. For the first time, many employers...
    CanadaEmployment and HR
    Cassels
    Cassels
  • Article

    Changing Workplaces Review: Ontario Government Announces Significant Changes To Labour Relations Act

    As we previously wrote here, last week Ontario's Ministry of Labour released the final report in its Changing Workplaces Review (Report), which proposed a number of amendments to ESA and LRA.
    CanadaEmployment and HR
    Cassels
    Cassels
  • Article

    Court Finds Employee's Job Search Efforts Fail To Satisfy Duty To Mitigate

    As a general principle, employees who have been wrongfully dismissed have a duty to mitigate their damages by taking reasonable steps to secure comparable alternative employment.
    CanadaEmployment and HR
    Cassels
    Cassels
  • Article

    Employers' Anxious Wait Is Over With The Arrival Of The Federal Government's New EI Parental Sharing Benefit

    Many first-time parents ask themselves this very question, especially as their baby's due date approaches ever nearer.
    CanadaEmployment and HR
    Cassels
    Cassels
  • Article

    Five New Year's Resolutions For Ontario Employers

    Ontario employers can be forgiven for a lack of enthusiasm in ringing in 2018. Several significant changes to ESA come into effect as of January 1, 2018 and many employers are scrambling...
    CanadaEmployment and HR
    Cassels
    Cassels
  • Article

    Foodora For Thought: The Right To Unionize In The Gig Economy

    The gig economy is by no means a new concept, but it has risen and expanded greatly in recent years. Ever increasing numbers of workers are performing work available through digital platforms...
    CanadaEmployment and HR
    Cassels
    Cassels
  • Article

    Nothing In Life Is Free, Including Employees

    Many employers understandably believe that their business can provide valuable training, experience and education to unemployed individuals and students, and therefore see a mutual benefit to hiring unpaid "interns".
    CanadaEmployment and HR
    Cassels
    Cassels
  • Article

    Ontario Court Awards 27 Months' Pay In Lieu Of Notice Due To "Exceptional Circumstances"

    Gregory Milwid was a 62-year-old managerial employee who had worked with IBM Canada Ltd. (IBM) for 38 years.
    CanadaEmployment and HR
    Cassels
    Cassels
  • Article

    Ontario Court Of Appeal Provides Further Guidance On The Enforceability Of Termination Provisions...Again

    In a good-news decision for employers, the Ontario Court of Appeal upheld another less than perfect termination provision, adding to its growing collection of decisions ...
    CanadaEmployment and HR
    Cassels
    Cassels
  • Article

    Ontario Court Of Appeal Weighs In On Terminating Fixed Term Contracts

    In May of last year we gave our readers an update on a recent Ontario decision regarding early termination of a five year fixed contract, Howard v. Benson Group Inc. Mr. Howard's employment was terminated without cause after only 23 months of service.
    CanadaEmployment and HR
    Cassels
    Cassels
  • Article

    Ontario Court Rules Allegations Of Workplace Sexual Harassment Are "Not Connected To Employment," Not Covered By Release

    A recent decision of the Ontario Superior Court highlights the importance of including a comprehensive release in any separation package offered to an employee upon dismissal ...
    CanadaEmployment and HR
    Cassels
    Cassels
  • Article

    Ontario Employers May Soon Have To Disclose Salary Ranges And Use Of AI In Hiring; May Also Be Banned From Using Ndas In Some Cases

    On November 6, 2023, the Ontario government announced (the Announcement) proposed new legislation that, if passed, will require Ontario employers to disclose...
    CanadaEmployment and HR
    Cassels
    Cassels
  • Article

    Pandemic's Impact On Job Market Not To Be Viewed In Hindsight When Assessing Reasonable Notice; CERB Is Not Mitigation Income "On These Facts"

    In Iriotakis, the plaintiff was a 56-year-old sales employee with just over two years of service whose earnings were based heavily on commission.
    CanadaEmployment and HR
    Cassels
    Cassels
  • Showing 741–760 of 2160 results

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