Canadian employers have a duty of good faith and fair dealing to employees in the course of a dismissal.  This duty requires employers to be candid, reasonable, honest and forthright with an employee and prohibits an employer from engaging in conduct during the course of dismissal that was unfair or…

It is important for most family businesses that restrictions on the transfer or sale of share be placed on the shareholders.  Complications brought about by different groups within the family can make this portion of the shareholders agreement more complicated than in most private businesses.  Examples of some of the…

Related Articles 5 signs the time is right incorporate your business Incorporating with a numbered or named company Pros and cons of incorporating your business Business owners often think that if they incorporate their business they have protected themselves from any sort of liability.  While an incorporated company does provide…

A mediated settlement discussion is a dynamic matter that does not lend itself well to a fixed strategy for settlement.  Often in preparation for a settlement discussion HR managers will meet with their lawyers to plan a financial range within which the employer is comfortable settling.  Often HR managers are…

Related Articles Understanding your liability when incorporating your business Incorporating with a numbered or named company 5 signs the time is right incorporate your business There are many features of an incorporated business that make them distinct from other business structures.  Unlike partnerships or sole proprietors, a corporations a separate…

For many new and growing businesses, signing a commercial lease can be an important and exciting step in the transition from business concept to being a fully operational enterprise.  But there are important differences between a commercial and residential lease that business owners must understand before signing any lease. Not…

There are several different scenarios which a family business shareholders agreement can address when it comes to defining who controls the business, transferring management and ownership and establishing a timetable for succession. Many family businesses are comprised of active parents and their children.  In these businesses it is reasonable and…

In the second installment of the ten most common employment law mistakes made by business owners and HR managers Nick Milanovichand I look at the factors that are considered when determining reasonable notice.  In our experience, employers and HR managers often put too much weight on an employee’s length of…