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  • Article

    Duty To Mitigate Damages: What Acquiring Companies Need To Know

    It is well-established law that employees who have been terminated have a duty to mitigate their damages by seeking and accepting comparable employment.
    CanadaCorporate/Commercial Law
    Loopstra Nixon LLP
    Loopstra Nixon LLP
  • Article

    Wilful Misconduct: An Onerous Standard

    To establish just cause for dismissal at common law, the employer must prove that the employee engaged in misconduct that is incompatible with the fundamental terms of the employment relationship.
    CanadaEmployment and HR
    Loopstra Nixon LLP
    Loopstra Nixon LLP
  • Article

    Something Old, Something New: Bill 185 Cuts Red Tape To Build More Homes

    The latest round of changes to municipal and planning legislation in Ontario has been enacted and is aimed at facilitating more development in the Province. Bill 185, Cutting Red Tape to Build More...
    CanadaReal Estate and Construction
    Loopstra Nixon LLP
    Loopstra Nixon LLP
  • Article

    Construction Liens And An Abuse Of Process – What It May Take To Discharge A Lien

    Contractors do not have to meet any evidentiary requirements to register a lien. The process to register a lien against title is hardly onerous. That said, the Act does provide a clear, and quick...
    CanadaReal Estate and Construction
    Loopstra Nixon LLP
    Loopstra Nixon LLP
  • Article

    Is Your Commercial Landlord Justified In Withholding Consent To Assign Your Lease?

    A recent Ontario Court of Appeal decision, Rabin v. 2490918 Ontario Inc. (2023 ONCA 49), has reaffirmed that whether a landlord has unreasonably withheld their consent to assign a commercial lease...
    CanadaReal Estate and Construction
    Loopstra Nixon LLP
    Loopstra Nixon LLP
  • Article

    Ontario Introduces Proposed Bill 185

    On April 10, the Ontario government introduced the Cutting Red Tape to Build More Homes Act, 2024, also referred to as Bill 185.
    CanadaReal Estate and Construction
    Loopstra Nixon LLP
    Loopstra Nixon LLP
  • Article

    Mass Terminations: Proposed Changes In Ontario, And What Employers Should Know

    With Covid-19 coming to an end, and businesses re-evaluating their internal structures, mass terminations are gaining more traction in the news cycle.
    CanadaEmployment and HR
    Loopstra Nixon LLP
    Loopstra Nixon LLP
  • Article

    Giacomodonato v Peartree Securities Inc.: Welcome News To Employers On 'Fresh Consideration' And Termination Clauses In Employment Agreements

    The recent case of Giacomodonato v PearTree Securities Inc., 2023 ONSC 3197 (CanLII) has garnered significant attention in the employment law world because of the sizeable damages award...
    CanadaEmployment and HR
    Loopstra Nixon LLP
    Loopstra Nixon LLP
  • Article

    Legal Checklist For Your Purchase Of A Pharmacy

    Are you planning your purchase of a pharmacy? Similar to any other business acquisition, there are a number of legal factors you should consider in your pending transaction.
    CanadaReal Estate and Construction
    Loopstra Nixon LLP
    Loopstra Nixon LLP
  • Article

    Can Employers Pay Less Severance If Employees Fail To Mitigate?

    Successfully proving employees' failure to mitigate can save companies considerable amounts of money.
    CanadaEmployment and HR
    Loopstra Nixon LLP
    Loopstra Nixon LLP
  • Article

    A Guide To Canada's Merger Review Regime: Is Your Merger A Notifiable Transaction?

    Inflation and the cost-of-living crisis has captured headlines in Canada over the past two years and placed renewed attention on consolidation within market sectors and anti-competitive practices.
    CanadaCorporate/Commercial Law
    Loopstra Nixon LLP
    Loopstra Nixon LLP
  • Article

    Kosicki v Toronto: An Update From The Ontario Court Of Appeal Regarding Adverse Possession Of Municipal Lands

    In the recent decision of Kosicki v Toronto, 1 the Ontario Court of Appeal updated the common law test for adverse possession of municipal lands, making it increasingly difficult for individuals to advance such claims...
    CanadaLitigation, Mediation & Arbitration
    Loopstra Nixon LLP
    Loopstra Nixon LLP
  • Article

    Court Of Appeal Summaries (October 5, 2015 – October 9, 2015)

    The Ontario Court of Appeal only released two substantive civil decisions this week, along with many more endorsements and criminal law decisions.
    CanadaLitigation, Mediation & Arbitration
    Blaney McMurtry LLP
    Blaney McMurtry LLP
  • Article

    Top 5 Civil Appeals From The Court Of Appeal (November 2015)

    This month's netletter summarizes decisions dealing with re-opening a trial based on new evidence, municipal conflicts of interest, statutory claims under the Occupational Health and Safety Act, restoration of actions administratively dismissed and the interpretation of an offer to settle.
    CanadaLitigation, Mediation & Arbitration
    Lerners LLP
    Lerners LLP

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