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Merovitz Potechin LLP Blog
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Ontario Court of Appeal decision will make you give your termination clause a second look
In Ontario, termination clauses in employment contracts must comply with the Employment Standards Act (ESA). When provisions of an employee’s contract fail to comply with the ESA, the non-compliant provisions are unenforceable. However, a recent Ontario Court of Appeal decision...
Personal Real Estate Corporations
Thanks to new legislation by the government of Ontario and the Real Estate and Business Brokers Act, 2020 (REBBA), a brokerage can now pay remuneration (i.e. commissions) owed to a salesperson (real estate agent) or broker for trading in real...
Did they forget about me? A Primer on Dependent Support Claims
In Ontario, if a testator (will-maker) fails to account for you in their will, and they had an obligation to support you, you can sue the deceased’s estate on the basis that you are a dependent of the deceased under...
The Sellers Say They Won’t Close: Will the Courts Make Them?
Rising real estate prices create incentives for sellers to try to get the most out of their agreements. The hot markets in most of Ontario since the initial pandemic restrictions were loosened are no exception, and we have seen an...
Suffered a financial loss and want to sue? You have the duty to mitigate.
When you suffer a financial loss that gives rise to a claim, there is an obligation on you to try and minimize your losses. This is referred to as the duty to mitigate. A common question is, does the duty...
