Blogs and Articles
When Loss of a Common Area Repudiates the Lease: Lessons from Convocation Flowers
Ontario Court of Appeal: A Landlord's "Sole Discretion" Cannot Wipe Out a Tenant's Bargained-For Improvement When a Toronto-area landlord locked a fresh flower distributor out of its loading docks, the tenant walked, sued, and won. In Convocation Flowers Incorporated...
Ontario Court of Appeal Confirms No Duty to Mitigate Where Commercial Landlord Affirms Lease
On December 9, 2024, the Ontario Court of Appeal released its decision in Canada Life Assurance Company v. Aphria Inc., 2024 ONCA 882, dismissing the tenant’s appeal and confirming that a commercial landlord who rejects a tenant’s repudiation and keeps the lease alive...
Ontario Court Upholds Termination Clause in Li v. Wayfair Canada ULC
On July 9, 2025, the Ontario Superior Court of Justice released its decision in Li v. Wayfair Canada ULC, 2025 ONSC 2959. The case addresses the enforceability of termination provisions in an employment contract and how they stand up against the Court of Appeal’s...
Dufault v. The Corporation of the Township of Ignace – Invalid “Without Cause” Termination Clause in Employment Contract
Dufault v. The Corporation of the Township of Ignace, 2024 ONSC 1029: Employers may not have “sole discretion” in terminating an employee without cause. In recent years, employers have been dealt blow after blow as Ontario Courts continue to find ways to void...
The Great Resignation: What new independent contractors should know.
“I hope this finds you well during these unprecedented times.” This is a phrase I'm sure most Canadians are sick of reading and sick of typing. During these unprecedented times, Canadian workers have taken the time to re-evaluate their needs and priorities. We are...
Employers Beware – Employment Contracts and Waksdale v. Swegon North America Inc., 2020 ONCA 391
Last year, the Ontario Court of Appeal in Waksdale v. Swegon North America Inc., 2020 ONCA 391, slapped employers across the face causing an upheaval in employment law, resulting in the possibility that your employment contract might no longer be enforceable....
COVID-19: Asking My Employees About Their Vaccination Status and Other Privacy Concerns
To begin, it is important to note that an employer cannot require an employee to be vaccinated for COVID-19. The federal and provincial governments have not made it mandatory for all people to be vaccinated; as such, an employer’s workplace policies cannot make it...
Termination of Employment: With Cause, Without Cause and Reasonable Notice
In Ontario, an employee can be dismissed in one of two ways: Termination for cause; or Termination without cause. Termination for cause When an employer terminates an employee for cause the employee will not be entitled to any compensation with regards to the...
COVID-19 and “Act of God” Force Majeure Clauses
COVID – 19 (Coronavirus) and Force Majeure or Act of God Clauses As Ontario declares a State of Emergency and begins shutting down many businesses in light of the continued spread of COVID-19 across Ontario, many companies and individuals are left asking whether or...
