December 2013 | News & Events | Scarfone Hawkins LLP

A JUDICIAL SHIFT IN THE ENFORCEABILITY OF TERMINATION CLAUSES

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One of the emerging issues in Ontario law has been the judicial rulings against termination clauses in an employer’s offer letter or employment agreement, which set outs an employee’s entitlement on termination of his or her employment.

Termination “Without Cause”

When an employee is terminated “without cause” an employer is required to provide that terminated employee with working notice that his or her employment is ceasing. For a variety of reasons including sabotage or a hostile workplace, working notice may not be appropriate and as such, an employer may provide a terminated employee with pay in lieu or notice (which would represent the number of weeks the employee would have received had the employee received working notice). Read More

ADVISING CLIENTS ON THE PURCHASE OF A CONDOMINIUM UNDER

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THE (NOT SO) NEW CONDOMINUM ACT

As a result of the introduction of the Condominium Act, 1998, R.S.O. 2001, as amended; (the “Act”), a number of new condominium development options were introduced. Having had the opportunity to act for condominium developers who are completing developments that take advantage of the “newer” concepts such as phased condominiums, common elements condominiums and vacant land condominiums, it seems that not all real estate lawyers acting for condominium purchasers appreciate the distinction between the different types of condominiums. This paper is designed to be a little refresher on the issue. Read More

LAND TITLES ACT APPLICATIONS

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EMERGING ISSUES IN REAL ESTATE

INTRODUCTION

This paper addresses the means by which a property owner may make application to convert the title of the property from either Registry to Land Titles Absolute (LTA) or from Land Titles Conversion Qualified (LTCQ) to Land Titles Absolute Plus (LTA+), thereby providing the land owner with arguably the highest form of title available in the province. The main reasons why an owner would want to make such application would be in order to: Read More

Silver Lining for Creditor Spouses in Bankruptcy?

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 By: Colleen Yamashita and Frank Pignoli

In our practice, we act as insolvency counsel for financial lending institutions, secured creditors, receivers and bankruptcy trustees as well as corporate and personal debtors. When dealing with personal bankruptcies/proposals, family law issues often rise to the surface, which are not easily or sufficiently resolved within the parameters of federal bankruptcy legislation. In our view, conflicts often arise between family law lawyers and lawyers acting for the trustees in bankruptcy/proposals in large part due to the fact that the Bankruptcy Insolvency Act and the provincial family law legislation such as the Ontario Family Law Act often seem to work at cross-purposes. Read More

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