Restrictive covenants are often included in commercial agreements to provide a limited time for a new or existing business owner to solidify relationships with its customers, suppliers and employees without fear of competition from a current or previous business owner. Our clients often ask: How enforceable are restrictive covenants? The answer is…it depends. The leading …
Further Update: Milne Estate & Multiple Wills
The decision in Milne Estate (Re) ( 2018 ONSC 4174 ) (“Milne”) referenced in our October 15, 2018 post has been appeal to the Ontario Divisional Court. As discussed in that post, the Milne decision invalidated a “basket clause” in a primary will that granted the estate trustee the discretion to determine whether the assets …
Certainly Uncertain: Milne Estate and the Requirement of Certainty of Subject Matter in Multiple Wills
Since 1998, when the court in Ontario affirmed the practice in Granovsky v. Ontario, estate lawyers have been using multiple wills to help reduce Estate Administration Tax (commonly called probate tax). The concept is simple: one will for the assets that require a Certificate of Appointment of Estate Trustee with a Will (a “Certificate”, commonly …
Building Inspections Do Not Violate Charter Rights
In a recent case, a group of residents attempted to argue that an inspection by building officials authorized by the Building Code Act should not be permitted as the inspection would violate their Charter rights. The facts of the case are pretty straightforward. In 2006 an addition was built at the rear of a house …
The Risks Arising from Asymmetric Application of Universality of Service
Introduction: Last October, the Chief of the Defence Staff (CDS) opined that the Canadian Forces (CF) must adopt a more flexible approach concerning the continued employment of wounded CF personnel, rather than compulsory release, where those CF personnel can no longer comply with the exigencies of Universality of Service (colloquially referred to as ‘U of …
Letters of Intent – To bind or not to bind?
Thinking about buying or selling a business? You might be considering signing a “term sheet” or “agreement to agree”, sometimes referred to as a “Letter of Intent” or “LOI”. This document lets you put some basic expectations down on paper before getting things formalized. However, if you are not careful at this stage, what you …
Welcome to 2018!
“Year’s end is neither an end nor a beginning but a going on, with all the wisdom that experience can instill in us.” — Hal Borland, American Author & Journalist “For last year’s words belong to last year’s language and next year’s words await another voice.” — T.S. Eliot, American Playwright & Literary Critic “Be …
Season’s Greetings!
As we reflect on 2017 and celebrate the best of the season with our friends and families, we are grateful for the opportunity to have worked with you this past year. We wish you and your family prosperity and happiness in the coming year. Happy holidays!
A Tool Kit for Executors
Most executors that I talk to are a bit daunted when they first undertake their tasks. What they want to know is what they have to do and how to go about doing it. While the law and legal advice are very valuable, the most important guide and assistance for an executor is in a …
Can a drug-addicted employee be fired for… drugs?
If an employee, who is addicted to drugs, violates an alcohol and drug policy at work, can the employee be fired? That was the issue for the Supreme Court of Canada in Stewart v. Elk Valley Coal Corp., 2017 SCC 30. Typically, our advice is to tread carefully in such situations. A drug or alcohol …
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