In Ebert vs His Majesty the King, this case deals with what CRA argues is the inflated valuation of wine that was donated to a charity. Continue reading Ebert vs His Majesty the King – procedural decision by FCA relating to donation of wine to a registered charity and valuation ..read more

We sometimes see special provisions in Ontario non-profit corporations that give another group or individual in Canada or abroad certain approval rights for changes to certain matters that would normally be dealt with by members. We have always wondered whether such a provision would be enforceable, and we know that Ontario government has had concerns about these provisions in the past. Continue reading To what extent can the special provisions of an Ontario non-profit charitable organization be used to give another group approval rights ..read more

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