What Should You Do If An Employee Is Making Recordings In The Workplace

The advancement in science and technology has changed the modern workplace for the better. Recording in the workplace is one of those issues that remain complicated. Technology provides easy access to information, facilitates remote working, and provides better connectivity. It also allows employers and employees to store data efficiently and communicate effectively, among other things. However, the rapid development in technology has raised some unexpected legal issues for employers. Digital recording devices such as smartphones have made it difficult for...

Steals Company Information

What To Do If An Employee Steals Company Information?

Every company owns certain information it intends to keep private at all costs. Such information includes but is not limited to business information, client contacts, employee information, financial records, and trade secrets.     In this digital age when most employees can access company networks, protecting confidential company data has become challenging, if not impossible. Without adequate protection, an employee with ulterior motives can access, record, and transmit sensitive information without getting caught.   Many companies go to considerable lengths to protect their confidential...

Human Rights

What to Include in a Human Rights Response

In Ontario, the Human Rights Code (the “Code”) protects people from discrimination and harassment in social areas such as housing, employment, contracts, and the provision of goods and services.   The prohibited grounds of discrimination and harassment under the Code include but are not limited to age, disability, sex, citizenship, race, place of origin, and creed. The Code also protects against retaliation for seeking to enforce one's rights under the Code.    A person alleging a Human Rights violation can file a Human...

legal counsel, LMIA

What Requirements Do Employers Need To Meet When Applying for an LMIA?

Canada operates the Temporary Foreign Workers (TFW) Program to bring in workers from abroad to fulfill its labor needs. Under the program, employers use the Labour Market Impact Assessment (LMIA) process to hire foreign workers temporarily (maximum period of two years) when they can’t find suitable candidates in Canada. The government encourages employers to consider LMIA as a last resort. For this reason, positive LMIAs are only issued when the employer proves they cannot fulfil their labour requirements without TFWs. LMIA...

Business Partner Steals

What To Do If Your Business Partner Steals from the Business

Every business relationship is built on trust. This trust requires business partners to be honest and loyal to each other and the partnership. They must act in good faith and in the partnership's best interests.    Sometimes a business partner's actions make it impossible for others to trust them, jeopardizing the continued existence of the partnership. Usually, this trust evaporates when a partner steals from the partnership’s business.    What is considered stealing from the partnership’s enterprise? How can you address your business...

Fraudulent Misrepresentation

How To Sue a Business Partner for Fraudulent Misrepresentation

Finalizing a business agreement can involve extensive negotiations between parties. Usually, an in-house lawyer for one of the parties negotiates, reviews, and finalizes an agreement on its behalf. They usually report to a company's chief legal officer (CLO), who heads its legal department. The CLO in turn answers to a company’s executive management and board of directors.    Part of the legal team and CLO’s job in a company is to ensure every contract the company enters into is enforceable and...

Employment Agreement

Does Your Employment Agreement Comply With the ESA?

Within the Province of Ontario, every employee employed by a provincially regulated employer is entitled to minimum rights and protections provided by the Employment Standards Act, 2000 (the “ESA”).  In any employment relationship, it is important that the employee and employer have a contract that complies with the ESA’s minimum standards. That said, how can you tell if your contract complies with the minimum standards?  Does the ESA apply equally to all employees?  Not necessarily. As an example, construction workers are exempt...

Business Partner Competes

What To Do If a Business Partner Competes with the Partnership

Trust is the foundation of every business relationship. Every person hopes their business partners are honest, acting in good faith and for the greater good of the partnership. A partner opening a business competing with the partnerships violates this fundamental trust.    Can you take action against your business partner for opening a competing business? What remedies are available to you against your competing partner? How can a commercial litigation lawyer help you with legal action against them?   This article will answer...

Commercial Litigation

Useful Court Orders to Seek in Commercial Litigation

A commercial dispute typically involves issues arising between parties in a business environment. It can include interpersonal or legal disagreements about issues like conflict among shareholders, breach of contract, partnership disputes, and much more.   Almost every business faces a commercial dispute at some point. How people address business disagreements can vary, but in many cases, the Court must get involved and make an order. These orders can be requested as the final end of a lawsuit or as a measure...

Corporate and Commercial Litigation

5 Common Mistakes to Avoid in Corporate and Commercial Litigation

It is inevitable businesses run into internal and external disputes. Those disagreements can escalate to lawsuits, otherwise known as corporate and commercial litigation.    Business-related lawsuits can be lengthy and complicated. The stress for those involved multiplies when you consider the legal costs of commercial and corporate litigation. However, using the legal system might be the only path to resolve your business disputes.    The corporate and commercial litigation process is filled with technicalities, formalities, and legal jargon. Mistakes in the legal process...