Ontario Court Decision Finds Termination Clause Unenforceable Due to Language in “For Cause” and “Without Cause” Provisions
On March 31, 2021, the Ontario Superior Court of Justice released another new decision, Lamontagne v J.L. Richards & Associates Limited [Lamontagne], which found a termination clause to be unenforceable.
Employees Must Prove Pandemic’s Negative Impact on Re-Employment to Extend Notice Period
In its recent decision in Marazzato v Dell Canada Inc. [Marazzato], the Ontario Superior Court of Justice (the “Court”) confirmed that the onus is on an employee to prove that the pandemic negatively impacted their ability to re-employ if they seek a longer notice period
Ontario Decision Extends Dismissed Employee’s Reasonable Notice Period Due to Employee’s Pregnancy at Time of Dismissal
In a recent summary judgment decision, Nahum v Honeycomb Hospitality Inc. [Nahum], the Ontario Superior Court of Justice (the “Court”) awarded damages equal to five months of pay in lieu of notice to a 28-year-old employee with four and a half months of service—an unusually large award in the circumstances—after considering that she had been […]
Ontario Court Provides Guidance on How the COVID-19 Pandemic and CERB Payments Impact Wrongful Dismissal Damage Awards
A recent decision by the Ontario Superior Court of Justice (the “Court”) suggests that the COVID-19 pandemic may not increase the common law reasonable notice entitlements of employees that were dismissed early in the pandemic as much as one might expect, and that certain COVID-19 recovery benefit payments may not be set off against wrongful […]
Another One Bites the Dust: Termination Clause Enforceability
[vc_row][vc_column width=”1/4″][vc_single_image image=”3445″ img_size=”large”][/vc_column][vc_column width=”3/4″][vc_column_text]The Ontario Court of Appeal (“ONCA”) recently provided further guidance on the enforceability of termination clauses and wrongfully dismissed employees’ entitlement to damages for the lost opportunity to earn a bonus during the reasonable notice period in Andros v Colliers Macaulay Nicolls Inc. [Andros].
When Are Employees Entitled to Bonus Payments After Being Dismissed?
The Ontario Court of Appeal (“ONCA”) recently provided further guidance on the enforceability of termination clauses and wrongfully dismissed employees’ entitlement to damages for the lost opportunity to earn a bonus during the reasonable notice period in Andros v Colliers Macaulay Nicolls Inc. [Andros]. Our blog this week discusses the bonus-entitlement aspects of the Andros […]
Interprovincial and International Businesses: Whose Payroll Is to Be Considered for Calculating Entitlement to Severance Pay?
[vc_row][vc_column width=”1/4″][vc_single_image image=”3445″ img_size=”large”][/vc_column][vc_column width=”3/4″][vc_column_text]As many employers know, severance pay is a statutory entitlement
Circumstances of Hiring Can Lead to Long Reasonable Notice Periods for Short-Term Employees
[vc_row][vc_column width=”1/4″][vc_single_image image=”3445″ img_size=”large”][/vc_column][vc_column width=”3/4″][vc_column_text]Employment relationships, like most relationships, typically start off with the best of intentions in both parties’ minds.
Court of Appeal Clarifies the Law Surrounding Mass Terminations
[vc_row][vc_column width=”1/4″][vc_single_image image=”3445″ img_size=”large”][/vc_column][vc_column width=”3/4″][vc_column_text]In a recent case, Wood v CTS of Canada Co., [Wood] the Ontario Court of Appeal clarified an employer’s obligations under the Employment Standards Act, 2000 (the “ESA”) when engaging in mass terminations.