The NHL playoffs began this past weekend and the Toronto Maple Leaf’s are in for the eighth consecutive year. This achievement marks a period of consistent success since they drafted Auston Matthews in 2016.
The team’s journey to the playoffs has been marked by significant performances from key players.
The team’s playoff success (fingers crossed) will depend on the consistent performance of their star players as well as the depth players on their roster.
Comparing our firms legal service to the Maple Leaf’s track record is a risky proposition but as an office full of Maple Leaf’s fans (I think) [Inga’s edit – only slightly more than ½ of the firm are Leaf’s fans] I feel like it would be a disservice not to.
At Andriessen & Associates our clients receive service similar to the Toronto Maple Leaf’s of the past 8 years. Our firm offers consistently exceptional service to help make businesses profitable through reasonable hourly rates and a dedication to our clients bottom line. Everyone at our firm is star player and we are all focused on the ultimate goal of providing cost efficient service for our clients.
The key difference between us and the Maple Leaf’s is that our firm has had a few more wins since 1967.
I am still undecided on if comparing our firms service to the Toronto Maple Leaf’s track record is going to be an annual exercise until they win, but it wont matter because THIS YEAR IS THE YEAR!!!
This modern age of social media has left many people in a state of chronic oversharing. Do we really need to see what our friends, family, coworkers, (or that girl I went to elementary school with) are doing at any given moment? While Instagram, TikTok and Facebook would answer in the affirmative, this current social media climate creates certain challenges for employers, requiring them to navigate off-duty conduct in an era where personal and professional boundaries can easily blur online.
First things first: employers generally can’t interfere during employee off hours. This means employers can’t police their employee’s social media accounts or tell their employees how to dress when they aren’t at work.
However, where the employee’s after-hours escapades have a “justifiable connection” to the employer or their job, the same rules may not apply!
If an employee’s off-duty antics meet certain criteria – like harming their employer’s good name or rendering the employee unable to satisfactorily perform their job – then disciplinary action may be warranted.
Now, onto crafting those oh-so-crucial employer policies regarding employee conduct. While we can whip up rules faster than you can say “delete that Onlyfans account,” there are limits to our legislative prowess. Employer policies relating to off-duty conduct must be fair, non-discriminatory, and clearly communicated.
Finally, let’s not forget about enforcement, where consistency is key! If Karen gets a slap on the wrist for her after-work antics (probably due to the post-pandemic stigma related to “Karens”) while John gets a free pass, the employer will find themselves in some hot water.
Be forewarned: the bar for proving that discipline for off-duty conduct is justified is quite high. Hold off on policing any off duty conduct without getting a legal opinion first!
In August 2023, we received a Notice of Trial with the scheduled date of late March, 2024. From the date of the Notice of Trial to the actual Trial date, there was just about 7 months notice.
Trial preparation on my files starts the day I draft the Plaintiff’s Claim. I draft my claims the way I will present my argument at Trial.
Prior to the actual Trial date, we meet with our client and witnesses (if any) to go over the evidence and questions that will be asked of them and any potential questions the opposing party may ask. That takes a bit of time, depending on the complexity of the issues.
Trials are now in person, which means I’m waking up hours earlier than I normally do (I know, boo hoo!) to get the Courthouse early, to find parking, and a quiet place to work and have one final review of the matter with the witnesses.
I spent a lot of time preparing for this Trial only to be told by the Defendant (who is self represented), ten minutes before being called into the Courtroom that they would be seeking an adjournment, because their representative was not available.
After asking a few questions, they allege they retained their representative about two weeks prior to the Trial date. The same Trial date that had been scheduled 7 months prior. While we were waiting to be called in, we called the firm who the Defendant claimed to have retained, only to be told they “were in the process of being retained.”
I asked the Defendant why they did not contact us prior to the Trial date to consent to an adjournment, and they kept quiet and shrugged their shoulders. For the record, I had a wicked migraine to the point I was getting sick, but I still showed up ready to go. To say I was not impressed would be an understatement.
During the request to adjourn the Trial, we asked for costs.
The Defendant did not feel they should have pay costs to our client who has been inconvenienced by this matter, not to mention my migraine and the witness who voluntarily attended without being summonsed.
The Defendant provided (*counts on fingers*) five excuses, all of which were irrelevant to the issue of costs.
In the end, they were ordered to pay significant costs, slightly less than what we requested, but not insignificant, nonetheless.
The Judge advised that the Defendant lacked civility in their handling of the issue of an adjournment request. Civility is defined as “formal politeness and courtesy in behavior or speech.” The Defendant, it appears did not feel the need to show civility to our client, their witness, the Court and my migraine.
This attendance could have been avoided had the Defendant showed some civility and reached out to us before the Trial date and the hearing could have been adjourned, avoiding the inconvenience it brought on to a number of parties.
If you require an adjournment at any stage of litigation, the earlier you reach out, the better for all parties involved. In this case, the Defendant knew or ought to have known that waiting up to two weeks to hire someone before a Trial would cause a delay in the proceedings and very little was done to avoid that.
Showing civility to the opposing party, although you may not want to, will only have a positive impact with the Court if an argument of costs must be made at an adjournment of a hearing.
Showing civility and showing respect for people’s time may result in a positive outcome. Don’t wait to the last minute to request an adjournment unless absolutely necessary, or you can end up paying costs you don’t want to pay.
Do it yourself employment law is never a great idea and yet, almost daily we’re introduced to businesses who did try it to go alone, only to now need our help with a lawsuit, a Human Rights Complaint or an Employment Standards investigation.
I get it. Lawyers can be expensive and if you’re running a business in a tough economy, doing as much as you can on your own is key. Of course, that ignores the fact that litigation is far more expensive that the “boring desk work” side of law, you know, the kind that helps you avoid litigation and you can actually budget for.
One of the areas non-lawyers often get into trouble with is terminations during the probationary period. The probationary period can be as little as three months or longer as set out in the employment agreement.
If you want to terminate an employee during their probationary period, you must:
(a) make a good faith determination that the employee is unsuitable for permanent employment; and
(b) give the probationary employee a fair and reasonable opportunity to demonstrate their suitability for the role.
When providing a termination letter to the employee you want to be certain you’ve indicated items a and b are part of the wording. Now, terminating during the probationary period doesn’t always mean you don’t have to pay money and benefits in lieu of notice. That depends on facts and employment agreements.
Sound complicated? It is and that’s why you should reach out to a lawyer before terminating.
We just had a great work/life balance lunch at the office and the topic of discussion was “Communication in the Workplace”.
There are many methods of communication, especially in our digital world, and ensuring that the proper form of communication is used, as well as effective communication, is key to successfully getting work done.
While this blog could be 10 pages, I will keep it short and touch on the proper form of communication and when it is appropriate?
Let’s start with the phone, which you would think is the most appropriate form of communication – but is it the most effective? When it comes to work and communication between co-workers, the phone may not be the best form of communication. Quick check in’s, simple questions or just needing to talk to someone, of course it would be the quickest and acceptable.
However, when it comes to delegating or assigning work, it may not be the most effective type of communication. Email may be the best method of communication in this scenario, that way you can put in writing the task at hand, set out what you are looking for and providing a timeline. This I find the most effective on the receiving end as I can then read and digest the email, start formulating my plan of tackling the task, delegating what needs to be delegated, and then drafting and email back with follow up questions. Most of the time, a quick phone call to discuss the email is then needed and certainly appropriate.
When not to use work emails? A rule of thumb that we have here is if you wouldn’t put it on letterhead, don’t put it in a work email. If you saw a funny gif or a meme, the work email is not the place for that.
What about the use of a chat through a collaboration app such as MS Teams? Right before Covid, our offices started using a chat app, but it wasn’t really a big hit until we all started to work remotely. It was the way we all said good morning, good night, and is the right place for those funny gifs or memes. To this day, even though we are in the office most of the time, this is the way we all say good morning and good night. This form would not the best place for assigning work, unless it was a quick ask like a document or email you were looking for. It is also a great place where we can check in to see how someone is doing if you know they are having a busy day and to check on workflow.
Making sure you use the appropriate form of communication is key, and I know there are areas where I can improve on my communication with co-workers. I would say that this work/life balance lunch was effectively communicated.
It is no secret that the declining speed in which disputes are resolved through the court system is a huge issue. In many cases, motions and trials need to be booked many years in advance. This problem often referred to as a lack of access to justice is one of the biggest issues facing the legal system.
The main cause of this problem is that there are too many cases in the system at any given time. People will always have disputes that need to be resolved so there needs to be alternative ways to end these legal disputes outside of the court system.
This is where alternative dispute resolution comes in. The three primary methods of alternative dispute resolution (ADR) are:
Negotiations between the parties at any stage of litigation for the purpose of an early resolution/settlement
Mediation with a mediator, who is an independent professional and can help both parties reach an agreement by suggesting a settlement
Arbitration with an arbitrator, who is a neutral professional, whose role is to hear the parties and make a final decision
Mediation and Arbitration support the overall resolution of disputes faster. Some of the benefits of Mediation and Arbitration are that the parties have the ability to choose a neutral forum and a neutral decision maker who may be an expert in the subject matter of the dispute. This allows the resolution of disputes in a timely and comprehensive way which allows the parties to avoid much of the delay often associated with going to court.
Mediation and Arbitration are not simple and can still ultimately cause a delay in litigation if unsuccessful. That is why we always recommend that parties allow our firm to represent them when using ADR options. If you would like to start or resolve a legal dispute, please give us a call so we can help you reach a resolution.
Shareholder disputes can be a challenge and a nuisance for businesses, potentially jeopardizing the stability and growth of a company. Today we explore shareholder disputes and ways to resolve them.
Before jumping to resolution strategies, it’s crucial to identify the root causes of shareholder disputes. Common triggers include disagreements over corporate strategy, financial concerns, management decisions, or perceived breaches of fiduciary duties. Recognizing the underlying issue is the first step towards finding an amicable solution.
With the exception of certain rare cases, its best to explore alternative dispute resolution methods before resorting to any sort of litigation as a disgruntled shareholder. Mediation and arbitration provide shareholders with an opportunity to resolve conflicts outside of the courtroom, saving time and resources. A skilled mediator or arbitrator can facilitate communication, foster compromise, and guide parties towards mutually beneficial resolutions. Of course, this all depends on whether the warring shareholders are willing to compromise and hear each other out. The shareholder’s state-of-mind is important to consider when exploring this option.
If diplomacy fails and disputes escalate, litigation sometimes becomes inevitable. The courts provide a platform for shareholders to present their case before a judge who can make any number of rulings on the matter.
Mediation, arbitration, and litigation are expensive, time-consuming options, where emotions can be heightened, and business relationships lost. So, why even let it get to that?
Prevention is the best option when it comes to dealing with shareholder disputes. Drafting clear and comprehensive shareholder agreements and corporate bylaws can pre-emptively address potential disputes – effectively nipping them in the bud. These documents should outline mechanisms for dispute resolution, such as buy-sell provisions, shareholder voting rights, and dispute escalation procedures. They are meant to anticipate any number of scenarios that may arise during the lifetime of the business.
We always recommend clients avoid a potential showdown with their fellow shareholders by seriously considering a shareholder’s agreement. You’ll definitely wish you had a shareholder’s agreement once the gloves come off!
I recently attended a Motion to set aside the Default Judgment and terminate the Garnishment we issued against the Defendant’s bank account. Their lawyers were requesting costs of the Motion, payable by not only our client but me personally, and they were asking for close to $5,000.00! Well, that was a first!
Recently, I obtained judgment against several Defendants for a debt owed to our client.
We are unable to effect service personally, so we brought a Motion and obtained an order for subservice. The Defendants were served by mail. Standard stuff.
After the Defendants failed to deliver a Defence, they were noted in default and I attended the Assessment, and our client was awarded judgment.
We garnished the Debtor’s bank account, and it was at that point they involved themselves in the proceedings. Also, standard stuff.
Counsel wanted me to personally pay their client’s costs simply because they felt we should not have obtained an order for subservice and not served their clients by mail (and a few other excuses).
A successful party to a Motion is entitled to costs, and the Rules of the Small Claims Court dictate the amount of those costs. Newsflash: it sure isn’t $5,000.00!
Rule 15.07 of the Small Claims Court allows the successful party costs of $100.00, exclusive of disbursements unless the Court orders otherwise because there are special circumstances. The cost to file a Motion is currently $127.00. So, a successful party would be entitled to $227.00.
Historically, in Motions to set aside a Default Judgment, the Defendant pays the Plaintiff their “throwaway costs,” which are the costs incurred by the Plaintiff to enforce the Judgment prior to being served with the Motion.
In our case, the Court ordered that the Parties pay their own legal fees of the Motion, which was an appropriate decision. The request that an opposing representative personally pay costs is inappropriate and was unjustified.
Costs at a Motion are minimal and aren’t always guaranteed. The Court can exercise its discretion award costs on a Motion, and must be reasonable in the context of Small Claims Court.
Murray Brown has blogged a few times about representing a Landlord on the residential side of things and he certainly has some interesting cases, however, being a residential Landlord is not the only type of Landlord. What about being a Commercial Landlord?
Owning any type of investment property that you rent out, whether residential or commercial, can be tricky and overwhelming. Setting yourself for success at the start of your endeavour is key.
The first steps to becoming a commercial landlord, in my mind, would be to ensure you have a good lawyer to draft of your Lease Agreement.
For commercial tenancies, the Lease Agreement should not be a short document. There are numerous items that need to be considered in this type of Lease Agreement, such as net rent, additional rent (and what falls under that), parking spaces, fixtures and chattels, yearly rent increases, who pays for utilities and taxes, what the renewal timelines are, the list goes on.
If you are Commercial Landlord and some of what I just mentioned is lost on you, you could have some serious issues. Yes, the agreement is very legalese, but a good lawyer will take the time to explain everything in plain English for you to understand each item contained in the document.
You don’t want to get stuck with a Lease Agreement which you thought had the tenant paying for utilities when the tenant thought the landlord was paying for utilities, then before you know it, there are thousands of dollars outstanding.
Before you get yourself into a sticky situation, know what you are entitled to and if you are about to become a Landlord, get a lawyer involved, it will save you a lot of trouble and money in the long run.
Has your incorporated business been named as a party in a lawsuit? Is your incorporated business contemplating initiating a lawsuit?
It is important to keep in mind that The Law Society Act prohibits anyone other than a “licensee” (Lawyer) from providing legal services.
The Ontario Rules of Civil Procedure state that a party to a proceeding that is a corporation shall be represented by a lawyer, exceptwith leave of the court.
There have been circumstances where courts have granted leave to a corporate party to be represented by a non-lawyer. Many, if not all, of these cases are where the individual seeking to represent the corporation is a senior officer with the corporation or a sole shareholder because the individual seeking to represent the corporation was sufficiently connected to the corporation that they could be considered the “alter ego” of the corporation itself. (Lamond v. Smith, 2004 CarswellOnt 3213)
The Ontario courts have emphasised that allowing non-lawyers to represent corporations is the exception and not the rule. There are two good reasons for this.
When a court permits an individual to represent a corporation, it is permitting that individual to represent someone other than themselves in a matter before the court. The courts have ruled that this is comparable to allowing a non-lawyer to represent a litigant in matters before the court which is like permitting the unlicensed practice of law.
Treating a closely held corporation as merely the alter ego of its shareholder or shareholders and allowing them to represent the corporation ignores the fact that, at the end of the day, the individual or individuals can walk away from any judgment against the corporation free from personal liability. This could lead to scenarios where corporate officers could cause endless litigation without fear of personal liability for even the other side’s costs. This would not serve the public interest. (Leisure Farm Construction Limited v. Dalew Farms Inc. et al. 2021 ONSC 105)
In my first court appearance after being called to the bar, a corporation had a lawsuit they started against our client dismissed by the courts for failing to appoint a lawyer. The sole shareholder of the corporation ignored the courts repeated requests to appoint a lawyer.
The litigation process is quite long and can be complicated, however, with proper legal representation everything can go smoothly. If your corporation (or you individually while we are at it) needs clear and cost-efficient legal advice do not hesitate to reach out to anyone on our amazing team.
Ariel Dorfman, JD Associate Lawyer
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