Imagine this: One big bank, a truck leasing company, and a wood products wholesaler walked into a courtroom. Sounds like the start of a joke, right? It kind of is, but instead of a punchline, the result was a serious lesson about protecting assets under lease. A ruling from earlier this year in the Court of Appeal for Ontario provides critical insights for businesses that enter long term leases, particularly…
We all get receipts. At a B2C and B2B level. Sometimes we or our colleagues review them carefully. Often not. We might get a general sense the numbers are right and file them. Without careful consideration of the terms of the receipts. But not all receipts have the same legal significance. Some create binding contractual terms. Particularly receipts in the warehouse and logistics industry. We offer the following thoughts for…
In a 2023 decision that could have consequences beyond the immediate dispute, the Ontario Superior Court of Justice held that an arbitration clause (the “Arbitration Agreement”) in a contract of employment which attempted to contract out of minimum standards in the Employment Standards Act, 2001, SO 2000, c. 41 (the “ESA”) is invalid. Key Facts In Nohdomi v. Callidus Capital Corporation, 2023 ONSC 4469 (“Nohdomi”), the defendants, Callidus Capital Corporation…
It is well-known that the Bank of Canada’s interest rate increases over the past two years have caused financial strain on many Canadian households. In March 2024, Equifax Canada released a report raising alarm bells that credit delinquencies are rising, with the key indicator of missed mortgage payments being highest in Ontario and British Columbia. Mortgage lenders, aware of the impact higher rates have had on their borrowers, may be…
All contracts require the legal elements of offer, acceptance, and a passing of ‘consideration’ between the contracting parties. Without these elements, the contract is neither binding nor enforceable. These same principles apply when an employer varies a pre-existing employment agreement. Without fresh consideration, unilateral changes to an employment agreement may render the contract unenforceable. Except for the rare case where an employment agreement explicitly provides otherwise, an employer cannot unilaterally…
A change in job duties occurs when the terms of an employee’s role are materially changed over time, such as: a decrease/ increase in work hours, or a decrease/ increase in responsibility. In demoting an employee, through unilateral changes to the employment agreement, an employer runs the well-known risk of triggering a constructive dismissal claim. But what is the risk when duties are expanded? When an employer substantively expands an…
Almost all mortgage agreements provide that if a mortgage goes into default, the borrower will be responsible for paying various fees and charges above the principal and interest. Common among these is a fee equal to three months’ interest on the amount in arrears, which often appears on discharge statements when a mortgage is in default. However, apart from fees and charges that are genuine pre-estimates of reasonable administrative costs…
As much attention as legal proceedings involving Donald Trump receive, so much of the focus is on Mr. Trump’s in- and out-of-court antics that the legal underpinning of different matters is often easy to lose sight of. For instance, in coverage of the recently completed trial in New York regarding civil fraud allegations against Mr. Trump and a variety of related individuals and organizations, it is only occasionally adverted to…
The modern workplace has seen a rise in requests for stress and mental health leave. In a labour market that is still recovering from the aftermath of the Pandemic, how can employers best manage these requests and keep business operating smoothly? While poor mental health is certainly a recognized legitimate health concern, accommodating a leave of absence can place tremendous strain on a business’ operations. Failure to manage these requests…
