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Apr 16, 2014
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Litigation & Dispute Resolution

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Litigation & Dispute Resolution

What is just cause for dismissal? The words “ just cause” refer to a situation that justifies the termination of an employee withou... Read More

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Business Law  |  Litigation & Dispute Resolution

Sep 17, 2012
Article
Even the most well-intentioned employers are often unaware of the extent of their duties towards pregnant employees under the Ontario Human Rights Code (HRC). The issues become more complicated when an employee’s work performance was consistently weak, and then she announces her pregnancy. Read More

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Mar 1, 2012
Article
Bill 168, which amended the Occupational Health and Safety Act, came into force in Ontario on June 15, 2010, with the goal of preventing workplace violence and harassment. Bill 168 mandates employers to carry out a risk assessment to identify potential sources of workplace harassment and to develop policies to address these incidents. Read More

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Sep 14, 2011
Article
A February 2011 decision of the Ontario Superior Court of Justice highlights the risks facing employers who give the statutory minimum notice required under employment standards legislation upon the termination of employees rather than the larger sum typically warranted by “common law” standards, which a judge would award at trial. Read More

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In a recent ground-breaking decision of the Supreme Court of Canada, the Court considered in detail an employee's obligation to minimize his or her damages after his or her employment is terminated on a not-for-cause basis when the termination is followed by an offer of reinstatement by the former employer. Read More

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May 8, 2008
Article
What is the Landlord's obligation to minimize its losses after its tenant has breached a commercial lease? Is a Landlord required to find a new tenant to replace the former one before it is entitled to damages for the former tenant's breach? Read More
Irving Marks and Barbara Green successfully argued a motion on behalf of the Bank of Montreal to strike out an action brought against the Bank. The Plaintiffs claimed that BMO was liable as the parent corporation for the losses they suffered from the “bad advice” they received in respect of their investments from BMO Nesbitt Burns, BMO’s subsidiary, and its subsidiary’s employee. In a precedent setting decision of the Ontario Superior Court of Justice in October, 2007, Justice Himel held that BMO could not be liable for the conduct of its subsidiary, BMO Nesbitt Burns, and the action was struck as frivolous and vexatious. Read More
The paper addresses the issue of delay claims from the developer's perspective, outlines some key concepts and issues which arise in delay claims, and provides practical tips to protect the developer even before the condominium development project encounters a delay. Some topics include: an overview of where delays can occur in a project, how to assess damages in delay claims, common defences to delay claims, a review of some typical terms in construction contracts, and a checklist for success. Read More

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Construction Law  |  Litigation & Dispute Resolution

A breach of a "time is of the essence" clause in an agreement of purchase and sale can have dire consequences on a purchase and sale transaction, even for late delivery of a deposit. This issue is explored in greater detail in the attached article, "Don't be Late for a Very Important Date!", written by Leor Margulies and Barbara Green and presented at the November 2005 Law Society Six Minute Real Estate Lawyer. Read More
“Haven’t I heard This Song Before? : Subconscious Plagiarism in Pop Music and the Infringement of Copyright – Towards a Part... Read More

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