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on November 04, 2016

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Addressing Covid-19 in Contracts

In the face of COVID-19, we have been asked what happens if a business believes it cannot fulfil its obligations under a contract. These unprecedented times may trigger typically untriggered clauses, including force majeure . Some of you have asked whether your business would be safe from legal consequences for non-performance (or breach) by relying on a force majeure clause. We will briefly go over how force majeure works and what steps you should take if you are worried that your business cannot perform a contract. What is force majeure? Force majeure is a typical clause that suggests that when a certain event happens, a party (or both) is relieved from performing the contract because they have no control over the events that impede their performance. In most cases, contracts will spell out the types of events that constitute force majeure and the consequences of relying on force majeure, including excusing the parties from performance. When is non-performanc

Highlights of the new Fair Workplaces, Better Jobs Act, 2017 and what it means for employers and entrepreneurs. Part 1

The Fair Workplaces, Better Jobs Act, 2017 put in place in late 2017 is a far-reaching piece of legislation that makes important amendments to several laws such as the Employment Standard Act (ESA), the Labour Relations Act and the Occupational Health and Safety Act . While most of the media focus on these changes has been to the increase in minimum wages, there are other changes to the ESA that can have considerable affects to your organization’s internal human resources policies, existing compensation structure and total payroll. The enforceability of some terms and conditions of employment contracts currently in place can also be affected. A few practical tips for employers and entrepreneurs Keeping in mind that several of these amendments were coming into force on January 1 st , 2018, employers and entrepreneurs may wish to consider the following initiatives to ensure compliance with the new legislation. · Employers should conduct a review of relevant intern

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