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  • Article

    Keep The Holiday Season Happy And Merry

    t this time of year, a number of businesses entertain their customers, clients and employees at a seasonal party. On some occasions, the party is held onsite.
    CanadaLitigation, Mediation & Arbitration
    Lerners LLP
    Lerners LLP
  • Article

    Leashes, Liability, And The Law: Who's Responsible For Dog Attacks?

    While dogs are often considered man's best friend, they can sometimes be a menace.
    CanadaLitigation, Mediation & Arbitration
    Lerners LLP
    Lerners LLP
  • Article

    The Risk Of Self-Incrimination In Cross-Border Disputes: Enforcing U.S. Letters Of Request In Canada

    In Treat Canada Ltd. v. Leonidas, [2012] O.J. No. 5551, the Ontario Court of Appeal considered the jeopardy to the privilege against self-incrimination in an appeal from an Ontario order enforcing a letter of request for international judicial assistance issued to the plaintiff in a U.S. class action.
    CanadaLitigation, Mediation & Arbitration
    Lerners LLP
    Lerners LLP
  • Video

    Top 5 Civil Appeals From The Court Of Appeal (May 2013) – Video Companion

    A summary of Lerners' Top 5 Ontario civil appeals decisions from April, 2013.
    CanadaLitigation, Mediation & Arbitration
    Lerners LLP
    Lerners LLP
  • Article

    HST, Do I Have To Collect It If I Am Just Selling My Vacant Lot?

    Determining whether or not you have to pay Harmonized Sales Tax ("HST") during a real estate transaction can be a tricky situation.
    CanadaReal Estate and Construction
    Lerners LLP
    Lerners LLP
  • Article

    A Real Estate Broker Was Permitted To Keep His Registration Where A Brokerage Loses Its Registration Due To The Conduct Of The Broker

    While it may seem an odd result at first blush, the recent decision of the Court of Appeal clearly explains how this was one of the possible appropriate outcomes.
    CanadaCorporate/Commercial Law
    Lerners LLP
    Lerners LLP
  • Article

    Annual Return Filings For CNCA Not-For-Profit Corporations – File It Or Risk Being Dissolved!

    Corporations Canada, which oversees the creation and compliance of federal corporations, including not-for-profit corporations (NPC) incorporated under the Canada Not-for-Profit...
    CanadaCorporate/Commercial Law
    Lerners LLP
    Lerners LLP
  • Article

    Attention Not-For-Profits: Your Volunteer Management Practices May Need Immediate Review

    The Ontario Superior Court's decision in Hannan v. Scouts Canada, 2024 ONSC 5361 marks a significant development in the legal framework governing volunteer relationships within non-profit organizations.
    CanadaCorporate/Commercial Law
    Lerners LLP
    Lerners LLP
  • Article

    Five Things Every Business Owner Needs To Do

    If you lend money to your company – take security!
    CanadaCorporate/Commercial Law
    Lerners LLP
    Lerners LLP
  • Article

    Toronto As A Seat For Commercial Arbitration

    As a more convenient and less expensive place to conduct an arbitration than many of the world’s more traditional arbitration centres, Toronto is quickly gaining recognition as one of the best places to arbitrate commercial disputes.
    CanadaCorporate/Commercial Law
    Lerners LLP
    Lerners LLP
  • Article

    Can A Paid Suspension Amount To Constructive Dismissal?

    Constructive dismissal occurs where an employee resigns, but the departure is treated in law as if there was a dismissal by the employer.
    CanadaEmployment and HR
    Lerners LLP
    Lerners LLP
  • Article

    More Than A Babysitter

    When my partner and I found out that we were expecting a baby, we sat down for a discussion about how long we would take off work. We're both professionals working demanding jobs...
    CanadaEmployment and HR
    Lerners LLP
    Lerners LLP
  • Article

    Risk Of Re-Traumatization In Sexual Assault Cases May Result In Variation Of A Party's Inherent Rights In A Civil Action

    Lawyers are accustomed to treating a party's right to be present at the other party's examination for discovery and to conduct oral examination of the opposing party as inviolable.
    CanadaEmployment and HR
    Lerners LLP
    Lerners LLP
  • Article

    Security For Costs In Employment Cases

    A motion for security for costs has potential to cause trouble for an employee, and can offer many benefits to a defendant, in the right circumstances.
    CanadaEmployment and HR
    Lerners LLP
    Lerners LLP
  • Article

    What Emily In Paris Can Teach Us About Restrictive Covenants In Employment

    I recently finished season 3 of ‘Emily in Paris,' the Netflix series about an American marketing executive living as an ex-pat in the City of Lights.
    CanadaEmployment and HR
    Lerners LLP
    Lerners LLP
  • Article

    Working Together Towards (A Better) Tomorrow

    As our firm prepared to create the 2024 Black History Month committee, I reflected on my thoughts, interactions and the messages I felt were not effectively...
    CanadaEmployment and HR
    Lerners LLP
    Lerners LLP
  • Article

    Your Employment Contracts Are Not Risk Management Tools If They Don’t Survive Litigation

    Employment agreements are often treated as risk management tools. Employers rely on them to set workplace expectations and limit liability on termination. But an agreement only serves that purpose if it actually survives judicial scrutiny, and for the past few years, termination clause litigation in Ontario has increasingly turned on whether a court can find some theoretical reading of a clause that would violate the Employment Standards Act, 2000 ("ESA"), even where that plainly is not what the parties meant.
    CanadaEmployment and HR
    Lerners LLP
    Lerners LLP
  • Article

    No Friend To The Court: Public Interest Intervention Denied Where Nothing New To Say

    Last year, I published a case commentary on Huang v. Fraser Hillary's Limited, 2017 ONSC 1500 regarding how s.99(2) of Ontario's Environmental Protection Act, R.S.O. 1990...
    CanadaEnvironment
    Lerners LLP
    Lerners LLP
  • Article

    Am I Entitled To Interest On Money From An Estate?

    As a general rule, the Estate Trustee is given one year to administer an Estate, including to distribute money from the Estate to the beneficiaries (this is called the "executor's year").
    CanadaFamily and Matrimonial
    Lerners LLP
    Lerners LLP
  • Article

    International Forum Shopping To Avoid Support Obligations: Not So Fast In Ontario

    In a recent decision, Vyazemskaya v. Safin, the Court of Appeal for Ontario grappled with the complex issue of recognizing a foreign divorce in Canada and its implications on spousal support entitlements.
    CanadaFamily and Matrimonial
    Lerners LLP
    Lerners LLP

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