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Dec 5, 2019

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...

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Nov 14, 2019

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 ...

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Oct 10, 2019

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-...

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Oct 3, 2019

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Take a Break: Court of Appeal Rules that Employee’s Rescinded Resignation Still Interrupted Length of Employment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

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Sep 12, 2019

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...

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Aug 29, 2019

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...

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Aug 8, 2019

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...

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Jun 20, 2019

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...

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Jun 13, 2019

By Mike MacLellan

Let’s Make a Deal…Unless the Law Won’t Allow It! Ontario Court of Appeal Reiterates that Employers Cannot Contract Out of the Employment Standards Act

Here are two things I want you to know before you even start reading this blog: Subsection 5(1) of Ontario’s Employment Standards Act (&ldqu...

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May 9, 2019

By Mike MacLellan

Purported Franchisor gets Taken to the Cleaners: Supreme Court of Canada Rules that Independent Contractor was In Fact an Employee

Once in a while I speak with a new client about their employment law obligations, and they inform me that they don’t have any employees. ...

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Mar 7, 2019

By Susan Crawford

Another Termination Clause Bites the Dust in Superior Court

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...

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Jan 17, 2019

By Kelsey Orth

CLASS ACTION AGAINST UBER DRIVING ONWARD IN WAKE OF RECENT COURT OF APPEAL DECISION

You may be aware of some of the worldwide challenges faced by Uber as an employer; in fact I wrote in this space last year about a specific ruling ...

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Jan 10, 2019

By Angela Wiggins

Is Your Termination Clause Enforceable? Check Again!

Enforceable termination clauses in valid employment agreements are a key tool of employers in limiting liability to employees at the time of dismis...

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Sep 13, 2018

By Susan Crawford

“Frustration” for Employees but Good News for Employers in Recent Ontario Court Decision

In a recent lower court decision in Ontario, the issue of frustration of contract was revisited.  In the employment law context, a frustration...

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Jun 14, 2018

By Mike MacLellan

Another Employment Law Myth Busted: PEI Court Ruling Shows that Existence of Probationary Period Does Not Give Employers an Unfettered Right to Terminate

This one is right up there with “two weeks’ notice” and “three strikes you’re out”.  Some employers are ba...

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May 31, 2018

Court of Appeal Warns Employers: Exercising your rights under a termination clause in fixed term contract requires good faith

In a recent decision, the Ontario Court of Appeal ruled that although the Company had an unfettered right to terminate an independent contractor&rs...

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Apr 19, 2018

By Angela Wiggins

Privacy Matters! The Importance of Developing a Workplace Policy

Throughout Canada, privacy in the workplace is becoming increasingly important. Employers regularly face the difficult challenge of balancing their...

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Apr 12, 2018

Does the Release signed by your former employee cover claims of sexual harassment arising during employment? Likely not says Ontario Superior Court of Justice!

In light of powerful movements such as #metoo and #timesup, workplace sexual harassment is a top concern for all employers. In a recent decision, t...

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Feb 15, 2018

Court of Appeal Agreed that Voluntary Resignation Cost an Employee Almost $150,000 in Outstanding Bonus

In March 2017, Susan Crawford of CCPartners successfully obtained a decision from the Ontario Court of Appeal in Kielb v. National Money Mart Compa...

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