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Frequently asked questions

Straight answers on employment law, business law, immigration and mediation in Ontario and Québec — organized around the questions people actually ask us. Every situation is different: use this as a starting point, and talk to us before you act.

Employment LawBusiness LawImmigrationMediation
Employment & Labour Law

Advice for individuals navigating dismissal, harassment, contracts and severance in Québec and Ontario.

More than your employer is telling you, probably. You're entitled to notice of termination or pay in lieu, and in most cases, that's just the floor, not the ceiling.

In Ontario, the Employment Standards Act, 2000 sets a statutory minimum (up to 8 weeks), but most employees are also owed common law reasonable notice on top of that, and it can be substantially more.

In Québec, the Act respecting labour standards sets the minimum, and the Civil Code of Québec entitles you to reasonable notice based on your position, length of service, and age. If you've got 2 or more years of continuous service, you may also be able to contest a dismissal made without good and sufficient cause before the Administrative Labour Tribunal.

Your employer's first offer is not usually the highest one, so don't sign anything before we look at it. We'll tell you straight whether the offer is fair, and what your real options are.

Yes but... a significant unilateral change to the essentials of your job, pay, duties, location, can amount to constructive dismissal. That means you can treat the employment as over and claim damages, even though nobody technically fired you.

Whether a specific change crosses that line is fact-specific, and how you respond matters legally. Don't quit on instinct but act promptly as time matters in this type of cases. Call us first.

Depends on where you are and how it's written, and a lot of these clauses are weaker than employers want you to believe.

In Ontario, non-competition agreements signed on or after October 25, 2021 are prohibited for most employees, with narrow exceptions for executives and business sales. In Québec, a non-competition clause only holds up if it's in writing and reasonably limited in time, territory, and scope to what's actually necessary to protect the employer's legitimate interests and it's dead on arrival if the employer terminated you without a serious reason.

Non-solicitation and confidentiality clauses are a different story and can still bite in both provinces. Have it reviewed before you assume you're stuck, or before you assume you're free.

Document everything. Report through your employer's internal policy if it's safe to do so. Then get advice, deadlines are running whether you act on them or not.

Employers in both provinces are legally required to prevent and address workplace harassment, psychological and sexual. In Québec, you can file a psychological harassment complaint with the CNESST within two years of the last incident. In Ontario, remedies may be available under the Occupational Health and Safety Act, the Human Rights Code, or through civil proceedings.

This isn't a "wait and see" situation.

Not yet. First offers are usually built on statutory minimums, dressed up to look final, and they come with a full and final release that kills any future claim you might have.

We review what's actually owed: reasonable notice, bonus, benefits, pension, the works — and we negotiate. And that "deadline to respond" in the offer letter? It can almost always be extended so you get a real legal review, not a rushed one.

Business Law

Structuring, contracts, transactions and compliance for founders and growing businesses.

Both give you limited liability and comparable tax treatment — the real question is where you're operating and how much you care about protecting your name nationally.

Federal incorporation protects your name across Canada, but you'll still need to register in every province where you carry on business. Provincial incorporation (Ontario or Québec) is usually simpler and enough if you're operating in one province. Québec corporations also carry French language and publicity obligations.

If there's more than one shareholder — yes, and don't wait for a dispute to find out why. A shareholder agreement governs decision-making, share transfers, exits, deadlock, and what happens on death or disability.

Without one, you're stuck with default statutory rules that almost never match what the shareholders actually intended. That gap gets expensive, fast, once people stop agreeing.

Written agreements with clients, suppliers, employees, and contractors — non-negotiable. Add confidentiality provisions and clear terms on payment, liability, and termination.

Operating in Québec? Contracts of adhesion and related documentation need to comply with French language requirements.

A well-drafted contract is the cheapest dispute prevention you'll ever buy.

Structure first — share purchase or asset purchase — because it drives everything else: tax consequences, due diligence on liabilities, employees, leases, permits, IP, and the representations, warranties, and indemnities that actually protect you.

In Québec, employee obligations generally follow the business on a sale. In Ontario, treatment splits between share and asset deals.

Get us involved early, it protects your price and your closing date.

Register with the Registraire des entreprises, and comply with the Charter of the French Language — trade names, signage, websites, commercial documentation, all of it. Recent amendments widened these obligations and raised the penalties.

Based in Ontario but selling into Québec? You may still be on the hook. Worth checking before it becomes a problem.

Immigration

Support for individuals and employers navigating federal and Québec immigration processes.

Immigration is federal — but Québec runs its own economic immigration show. If you're headed to Québec, you generally need a Certificat de sélection du Québec (CSQ) through a Québec program first, then you apply federally for permanent residence.

Headed to Ontario? Federal programs like Express Entry or the Ontario Immigrant Nominee Program (OINP) are your route. Criteria, French language requirements, and processing streams differ significantly — don't assume one path applies to both.

Often, yes — if you hold valid temporary status, like a work permit. Some applicants qualify for a bridging open work permit while their PR decision is pending.

Most employers need a Labour Market Impact Assessment (LMIA) showing no qualified Canadian is available — though several LMIA-exempt categories exist, including certain international agreements and intra-company transfers.

Hiring into Québec adds a step: the employer also needs Québec's consent through the applicable provincial process. Compliance is actively enforced — mistakes here mean penalties and hiring bans, not just delays.

Canadian citizens and permanent residents can sponsor a spouse, common-law partner, dependent children, and — under specific programs — parents and grandparents.

Sponsors need to meet eligibility requirements and sign an undertaking to support the sponsored person. In Québec, that undertaking runs with the Québec government and lasts a different length of time than the federal regime. Accuracy in the application isn't a formality — it directly drives processing time and outcome.

You've got options: restoration of status, reconsideration, a new application that actually addresses the refusal grounds, or judicial review before the Federal Court.

The deadlines are unforgiving — call us the day the refusal lands, not the week before the deadline.

Mediation

A faster, confidential path to resolution — for employment, business and personal disputes.

Mediation is a confidential, structured negotiation with a neutral third party helping you reach your own agreement. No judge, no imposed decision — you stay in control of the outcome.

It's typically faster, cheaper, and less adversarial than litigation, and it opens the door to solutions a court simply can't order — like restructured business or employment arrangements.

Depends where you're litigating. In Ontario, mandatory mediation applies to most civil actions in Toronto, Ottawa, and Windsor, and courts elsewhere increasingly expect a settlement attempt regardless. In Québec, the Code of Civil Procedure requires parties to consider private dispute prevention and resolution processes before heading to court.

Mandatory or not, mediation is usually the fastest route to a resolution you can actually live with.

Yes, with limited exceptions. Communications in mediation are protected by settlement privilege and, typically, by a signed mediation agreement — they generally can't be used against you later in court.

That protection is what lets you speak candidly and actually explore settlement without torching your legal position.

Once it's recorded in a signed settlement agreement or transaction — yes, and it's enforceable as a contract. In Québec, it may also constitute a transaction within the meaning of the Civil Code of Québec.

Have counsel review it before you sign. A handshake settlement is only as good as the paper behind it.

At times yes — mediation doesn't replace legal advice, it works alongside it. A lawyer helps you walk in knowing exactly where you stand, advises or participates through the process, and makes sure the final agreement actually protects you and holds up on paper.

Parties who show up informed consistently walk away with better outcomes. Don't go in blind.

General legal information, not legal advice. Reading this page does not create a lawyer–client relationship.

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