In contract negotiations, it's generally not required for the involved parties to proactively share information. The fundamental rule is that each party should protect their own interests, and if they need information, they are expected to request it. Continue reading Misrepresentations in contracts: Types, legal ramifications, and remedies ..read more

One way of thinking about a time is of the essence clause is to consider the difference between law and equity. Historically, courts of law required strict performance of contracts, including time limits, while courts of equity were extremely forgiving of non-performance where there was no prejudice to the other party. Continue reading 35 minutes late in contractual performance: the Ontario Court of Appeal enforces a contractual bargain even where the outcome was harsh ..read more

On April 8, 2024, the United States proposed a plan to create a bipartisan comprehensive federal privacy law that would be titled, The American Privacy Rights Act of 2024. This is big news: Americans have been waiting for this moment for decades. Continue reading Recent proposal for an American federal privacy law ..read more

An effective internal audit function provides the risk-based assurance, advice, and insight that leadership needs for success. Continue reading What is quality internal auditing ..read more

In Elder v. Max Wright Real Estate 2023 ONSC 5661, Justice Koehnen had a situation where a real estate agent had a one year fixed term contract will an automatic renewal clause. Continue reading One year fixed term contract means what it says ..read more

In a short decision, the Court of Appeal for Ontario has recently clarified an important question regarding fixed-term employment contracts. Namely, whether a fixed-term itself can be considered a type of termination clause. Continue reading Fixed-terms are distinct from termination provisions: Ontario Court of Appeal ..read more

Unionized employers in Ontario should be aware that, following a recent decision of the Ontario Divisional Court, unionized employees can now choose to make human rights complaints to the Human Rights Tribunal of Ontariorather than being limited to grievance arbitration. Continue reading Unionized employees in Ontario can make complaints to the Human Rights Tribunal of Ontario ..read more

The Superior Court of Justice for Ontario considered a long-term employee’s reasonable notice period and mitigation efforts in Wall v M.H. Rowe Sheet Metal Fabricating Inc. (no citation yet). This decision highlights the risks in dismissing long-term employees not subject to a written employment agreement, and the difficulty employers face in establishing that a dismissed employee failed to mitigate their damages. Continue reading Proving failure to mitigate is difficult ..read more

Contracts are essential frameworks that provide certainty and security in commercial and personal agreements. However, contracts may not always conclude as anticipated, leading to termination through various legal mechanisms. In this discussion, we'll delve into the primary methods for ending a contract. Continue reading Strategies for contract termination: Navigating fulfillment, mutual agreement, frustration, and breach ..read more

On March 21, 2024, Ontario’s Bill 149, Working for Workers Four Act, 2024 received royal assent. Though it is considered law, it is important to note that provisions within the bill will come into force on various dates. Continue reading Bill 149 receives royal assent March 21, 2024 ..read more