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Online severance calculators are not a substitute for appropriately tailored legal advice
While technocrats sing the siren songs that the arrival of algorithms and artificial intelligence can solve our legal problems, in the...
Colin Cuttress
Oct 27, 20233 min read
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Enforcing Foreign Arbitral Awards and Judgments in Ontario
Obtaining an arbitration award or foreign judgment is not the same as getting paid. Assets are not always created equal. The imagination...
Colin Cuttress
Oct 19, 20223 min read
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Can a Director be Terminated Without a Shareholder Meeting? In short, No
Can a director be terminated without a shareholder meeting being called for this purpose? In short, no. This sort of situation involves...
Colin Cuttress
Sep 29, 20224 min read
138 views
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Can you sue for online harassment in Ontario? In short, yes.
A few years ago, I acted for a client who was being harassed and intimidated in connection with joining a union. At the time, there was a...
Colin Cuttress
May 25, 20223 min read
106 views
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Will a gain on sale of second non-residence property be treated as business income or capital?
Such was the issue contemplated by Justice Wong in the Tax Court of Canada in Bygrave v. The Queen, 2019 TCC 138 (CanLII). In Bygrave,...
Colin Cuttress
Mar 16, 20224 min read
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The Tax Dispute Process in Canada
Accountants often say that it is not about how much you make, but how much you keep. As we enter the tax return season again, it bears...
Colin Cuttress
Mar 12, 20224 min read
41 views
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Wrestling with the Elephant: Advancing a claim when insurer employs scorched earth litigation policy
The MLS listing stated you were getting a 3,000 square foot home, but it was later discovered following an appraisal of the property in...
Colin Cuttress
Nov 26, 20214 min read
62 views
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EI decision denying Employment Insurance benefit where not available for work during flight ban
You received an EI decision denying retroactive Employment Insurance benefit for a time where you were away from Canada and prevented...
Colin Cuttress
Nov 26, 20216 min read
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Caveat Emptor ("buyer beware") will not protect a seller who actively conceals a latent defect
Typical factual scenario. Litigant moves into property, and a few weeks or months after closing realizes there is a water leak in the...
Colin Cuttress
Oct 12, 20212 min read
47 views
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Wills & Estates: Questions and Answers
1. “I have five children. I have given one child an early advance of $100,000 to cover tuition for medical school. How can I ensure...
Colin Cuttress
Oct 12, 20214 min read
135 views
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Will the COVID-19 pandemic lengthen the reasonable notice period at common law?
In 2020, this question was frequently asked, often speculated upon, and basically unanswered. Since there is a lag between the...
Colin Cuttress
Feb 19, 20213 min read
45 views
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Employment Law: Questions and Answers
1. "My severance offer expires in 3 days and I need to accept or I will lose my rights to a package." False. Your employment rights do...
Colin Cuttress
Dec 4, 20203 min read
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New line of attack on employment termination clauses in Waksdale v. Swegon North America Inc. (2020)
The decision of the Court of Appeal for Ontario in Waksdale v. Swegon North America Inc., 2020 ONCA 391, which was released on June 17,...
Colin Cuttress
Oct 11, 20203 min read
68 views
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Am I entitled to my bonus upon termination of employment?
Bonuses are a highly litigated subject in wrongful dismissal lawsuits. They can be a contentious issue in severance package negotiations...
Colin Cuttress
Oct 6, 20204 min read
93 views
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The Diligent Executor: The Estate Trustee’s duty to search for Heirs
When a person dies, one of the first things that members of the family should do is attempt to locate the Will of the deceased. A search...
Colin Cuttress
Feb 11, 20194 min read
159 views
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Why “letting the kids sort it out” is a bad estate plan: the importance of having a Will
When I was growing up, I spent many days helping my dad on various jobs—he was a commercial contractor. In some of his residential work,...
Colin Cuttress
Feb 7, 20193 min read
40 views
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Is a Corporate Acquisition the Right Move for your Company?
There are many factors that corporations and investors should consider when determining whether acquiring a company is the right move. A...
Colin Cuttress
Feb 5, 20193 min read
61 views
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Do you have a Will?
A Will is one of the most important documents a person can have prepared during their lifetime. If you have minor children, heaven forbid...
Colin Cuttress
Jan 13, 20191 min read
20 views
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