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Jan 27, 2021

| Employment Litigation , Employment-Related Contract Drafting

SHOULD TERMINATED EMPLOYEES RECEIVE LONGER REASONABLE NOTICE PERIODS DURING COVID-19?

In Yee v Hudson’s Bay Company, 2021 ONSC 387, an Ontario Court issued a ruling in what may seem like a very standard case of reasonable notic...

Oct 13, 2020

| Employment-Related Contract Drafting

Supreme Court of Canada Clarifies Damages Award for Loss of Incentive Plan Payout: Matthews v Ocean Nutrition Ltd

The Supreme Court of Canada (“SCC”) released an important decision in Matthews v. Ocean Nutrition Canada Limited, reiterating that empl...

Oct 7, 2020

| Employment-Related Contract Drafting

The Wheel of Perpetual Uncertainty Continues to Spin in the World of Common Law Reasonable Notice

Termination clauses and common law reasonable notice are two aspects of Employment Law that employers continually encounter challenges with masteri...

Aug 14, 2020

| Employment-Related Contract Drafting

Enforceable but “Harsh” Termination Provision Defeated by Lack of Notice

The Employers' Edge blog has written extensively about the challenges of drafting an enforceable termination provision. This week brings us a parti...

Aug 5, 2020

| Employment-Related Contract Drafting , Human Resources Support

Concerning New Decision for Ontario Construction Employers

CCP has blogged on numerous cases in the last few years where judges have struck down termination clauses in employment agreements for failing to m...

Jul 23, 2020

| Employment-Related Contract Drafting

By Kelsey Orth

Don’t Go Broke with the Wrong Fix: Navigating the World of Fixed-Term Employment Agreements

The employment agreement forms the backbone of any employment relationship; from casual to full-time, seasonal to shift-work, setting out the terms...

Jun 30, 2020

| Employment Standards , Employment Litigation , Employment-Related Contract Drafting

Supreme Court Finds Uber Arbitration Agreement Invalid due to Unconscionability; Declines to Consider whether Agreement also Invalid as it Contracts out of ESA Protections

On June 26, 2020, the Supreme Court of Canada (the “SCC”) released its much-anticipated decision in Uber Technologies Inc. v Heller. Th...

Jun 22, 2020

| Employment-Related Contract Drafting

Feeling Claustrophobic? Court of Appeal Adds to Employer Anxiety Around Termination Clauses

If you are reading this blog, you are probably well aware of the perils of failing to include an appropriate “without cause” terminatio...

Jun 4, 2020

| Employment-Related Contract Drafting

Back to Basics: The Importance of Employment Contracts

As employers begin to turn their minds to reopening, it is an ideal time to revisit some basics of employment law best practices. A natural place t...

Dec 19, 2019

| Employment-Related Contract Drafting

By Kelsey Orth

Cormier, Part Deux: Court Of Appeal Upholds Summary Judgment Decision

As you may recall from our blog earlier this year, the case of Cormier v. St. Joseph Communications involved a wrongful dismissal case that challen...

Dec 5, 2019

| Employment-Related Contract Drafting

By Jacob Love

Court Enforces Without Cause Termination Provision Where Employment Agreement Also Contained An Invalid Termination For Cause Provision

CCPartners has blogged on a number of court decisions that address the enforceability of termination clauses, particularly those that seek to limit...

Nov 14, 2019

| Employment-Related Contract Drafting , Labour Relations

By Mike MacLellan

“Freeze”. It describes not just this week’s weather, but also what’s happening to public sector salaries under Bill 124.

In June 2019 the Employers’ Edge Blog examined Ontario Bill 124, the Protecting a Sustainable Public Sector for Future Generations Act, 2019 ...

Oct 10, 2019

| Employment-Related Contract Drafting

By Susan Crawford

Ontario Court “Buries” Funeral Home’s 10 Year Fixed Term Contract – A Cautionary Tale for Employers

A recent Ontario Superior court decision serves as a stark reminder to employers that using fixed term contracts can lead to costly damages awards-...

Oct 3, 2019

| Employment-Related Contract Drafting

By Mike MacLellan

Take a Break: Court of Appeal Rules that Employee’s Rescinded Resignation Still Interrupted Length of Employment

The Ontario Court of Appeal has overturned a trial decision and found that when an employee resigned from employment, only to rescind the resignati...

Sep 12, 2019

| Employment-Related Contract Drafting

By Susan Crawford

Yet Another Termination Clause “Bites the Dust” says the Ontario Court of Appeal – Where Do Employers Go From Here?

CCPartners has blogged on a number of court decisions over the last five years that have dealt with the enforceability of termination clauses, part...

Aug 29, 2019

| Employment-Related Contract Drafting

By Jacob Love

DUCK, EMPLOYEE OR INDEPENDENT CONTRACTOR: HOWEVER IT IS DESCRIBED, IT IS THE NATURE OF THE RELATIONSHIP AND NOT THE TITLE THAT MATTERS

The Ontario Superior Court’s decision in Marschall v Marel Contractors, 2019 ONSC 4692 serves as an important reminder for employers that sim...

Aug 8, 2019

| Employment-Related Contract Drafting

By Kelsey Orth

Tie Goes To The Runner: Termination Language Almost Upheld, But Potential Ambiguous Interpretation Leads Court To Award Reasonable Notice

In this space, you have seen numerous articles reporting on the latest decisions interpreting contracts of employment: employees challenging anythi...

Jun 20, 2019

| Employment-Related Contract Drafting

By Susan Crawford

Recent Ontario Court of Appeal Decision Reduces Notice Period but Preserves Bonus Entitlement

The issues of common law reasonable notice for long serving senior employees and bonus entitlement through that notice period can be thorny ones fo...