Ontario Court Awards Notice Period Exceeding 24-Month Cap to a Long-term Employee with “Exceptional Circumstances”
In Currie v Nylene Canada Inc [Currie], the Ontario Superior Court of Justice (“Court”) awarded a wrongfully dismissed employee damages representing 26 months’ pay
Supreme Court of Canada Denies Leave to Appeal in Waksdale
On January 14, 2021, the Supreme Court of Canada released its judgment denying leave to appeal Waksdale v Swegon North America Inc [Waksdale], a bombshell decision by the Ontario Court of Appeal (“ONCA”)
The Ontario Court of Appeal Has Affirmed Limits on When Saving Provisions Can Remedy Unenforceable Termination Clauses
The Ontario Court of Appeal (“ONCA”) recently affirmed that a saving provision,
Employers May Rely on Shareholder Agreements to Limit Employee Entitlements Post-termination
The Ontario Court of Appeal (“ONCA”) recently released a decision that clarifies the extent to which employers may rely on the terms of shareholder agreements with employees in the post-termination context.
New Ontario Court of Appeal Decision on the Enforceability of Termination Clauses
The Ontario Court of Appeal recently released a new decision on the enforceability of termination clauses
Once More on the Enforceability of Termination Clauses
In early 2018, the Ontario Court of Appeal once again ruled on the enforceability of termination clauses.
A Severability Clause Cannot Save a Termination Clause that Breaches the ESA
Most employers are aware that when employees are dismissed without cause, they are entitled to notice or pay in lieu of notice.
Fixed-term Contracts Must Be “future-proofed” Too
Termination clauses in employment contracts must be valid at any point in the employment relationship.
Howard V. Benson Group Highlights the Risks of Fixed-term Employment Agreements
Employers should exercise caution in drafting fixed-term employment agreements, particularly with respect to provisions designed to shorten the term of the agreement. Where a termination provision in a fixed-term employment agreement is rendered unenforceable, the employee may be entitled to wages for the balance of the fixed term, without any reduction for mitigated damages. The […]
Why Your Company Needs an Employment Agreement ‘pre-nup’
Fall is a season of new beginnings. Students go back to school and businesses recruit new talent to help them enact bold plans for the year. Because it is a time when exciting new employment relationships are established, the thought of those relationships one day ending is far from most employers’ minds. That is precisely […]