This November, Ontario’s Court of Appeal provided some well-received direction for buyers and sellers of corporations who have to manage the fickle issue of employment during a transaction.
Filed under Blog, Buying / Selling a Practice, Staff · Tagged with APS, asset purchase agreement, asset purchase transaction, asset purchases, asset sale, buy a dental office, buy sell dental practice, buyer, buying and selling assets, consideration, continued employment, ESA, Jonathan Borrelli, Krishnamoorthy v. Olympus, ONCA, sell a dental practice, seller, shares vs. assets, SPS, termination, transfer assets, vendor
Here at DMC, we keep a close eye on whenever courts in Canada have something to say about restrictive covenants and non-solicits (just like Michael Carabash did not too long ago).
I just read a recent case (from Quebec) that put a nice big check mark on the side of Principals and Employers and protecting their Non-Solicitation (non-solicit) clauses and their businesses.
Filed under Blog, Non Compete | Non Solicit, Staff · Tagged with are non solicitation clauses legal, associate agreements, damages, dental lawyers, dental office, DMC LLP, jointly and severally liable, Jonathan Borrelli, liquidated damages, non solicit, non solicitation, non solicitation agreement, penalize employee, quebec not ontario, restrictive covenants
As we mentioned earlier this year, Northern Ontario Dentists should make sure they are in full compliance with the Employment Standards Act. This includes making sure the ESA poster is up, abiding by the rules around hours of work, overtime pay, holiday pay agreements, public holidays, paid vacation, time between shifts, breaks, leaves of absences, and employee lists to name a few.
From October 2017 to December 2017, the Ministry of Labour will be auditing Dentists for employment standards compliance for the Northern Region (including North Bay, Sudbury, Timmins, Thunder Bay and Sault Ste. Marie).
If you are a dentist in this area and you are unsure about any aspect of ESA compliance, DMC LLP offers Employment Standards Act audits to make sure your practice can pass a ministry inspection easily. Give us a call and let us know if you have any questions.
Filed under Blog, Dental Hygienists, Staff · Tagged with audit, breaks, dental law, dental lawyers, DMC LLP, employee lists, employees, employment law, Employment Standards Act, ESA, ESA poster, holiday pay agreements, hours of work, Jonathan Borrelli, leaves of absences, North Bay, northern ontario, overtime pay, paid vacation, public holidays, Sault Ste. Marie, Sudbury, Thunder Bay, time between shifts, Timmins
We regularly advise dentists that a 3 month probation period is the standard. But recently, the Ontario Court of Appeal upheld terminating an employee during a 6 month probation period.
Filed under Blog, Staff · Tagged with 3 month probation, 6 month probation, dental practice, dental practice law lawyers, dental practice lawyers, DMC LLP, employment law, ESA, Jonathan Borrelli, notice, ontario dental law, ontario dental lawyer, probation period, probationary employee, suitability, termination, termination notice
David Mayzel is your legal risk manager. He is a trained courtroom lawyer and has spent many years resolving disputes both in and out of court. He knows how to prepare documents and execute transactions in a way that avoids or mitigates legal risks. He can be reached at 416.528.5280. or email@example.com.
Michael Carabash is your business law adviser. He is an entrepreneur at heart who helps you see the big legal picture. He drafts clear and effective agreements that protect your rights while promoting your interests. He can be reached at 647.680.9530. or firstname.lastname@example.org.
Ljubica Durlovska is your transition lawyer. She helps you with staff and associates, maintaining your corporation, and other business matters. She can be reached at 416.443.9280, extension 206 or email@example.com.
Jonathan Borrelli is your employment lawyer. He helps you with staff and associates matters, including hirings, terminations, switching staff to written contracts and resolving disputes. He can be reached at 416.443.9280, extension 204 or firstname.lastname@example.org.
Benjamin Kong is an experienced business law clerk. He assists David and Michael with corporate matters and purchase / sale transactions. He can be reached at 416.443.9280, extension 207 or email@example.com.
Julie Whitehouse is an experienced business law clerk. She assists David and Michael with corporate matters and purchase / sale transactions. She can be reached at 416.443.9280, extension 203 or firstname.lastname@example.org.
David, Michael, Ljubica, Jonathan, Ben and Julie are a truly dynamic team. Their diverse knowledge, skills, and experiences will help you get the best deal possible while promoting your interests and protecting your rights. You can read dentist testimonials here.