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Feb 1, 2018

By Angela Wiggins

Non-Compete Clauses – An Often Used but Rarely Effective Tool

  The Ontario Superior Court recently reminded employers that non-compete clauses in employment contracts are usually worth less than the pape...

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Jan 25, 2018

By Susan Crawford

BC Court of Appeal Clarifies Treatment of Mitigation Earnings and Extended Notice for Health Reasons

Two primary considerations in any wrongful dismissal action is the period of reasonable notice an employee is entitled to and how to treat income e...

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Jan 11, 2018

By Susan Crawford

Ask 2 Lawyers a Question and Get 3 Opinions - Court of Appeal Creates Chaos in the Jurisprudence By Upholding Termination Provision

Over the last few years, the question of whether a termination provision in an employment contract is enforceable has received unprecedented attent...

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Jan 4, 2018

2017 In Review: A Look Back At The Top Cases And Key Legislative Changes That Impacted Your Workplace

With major legislative amendments made to the Employment Standards Act, Labour Relations Act, Occupational Health and Safety Act, Workplace Safety ...

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Jul 13, 2017

By Kelsey Orth

We Like Your Styles, Alberta Court of Appeal: No Good “Bhasin” for Ignoring Employer’s Bonus Language Upon Termination

You will recall that, in May of this year, CCP’s own Susan Crawford was successful at the Ontario Court of Appeal, when that court upheld the...

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May 5, 2017

By Angela Wiggins

Court of Appeal Upholds Bonus Limitation Language in Employment Agreement

In a previous CCP blog (click here) we reviewed a trial decision argued on behalf of National Money Mart by one of our partners, Susan Crawford, wh...

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May 4, 2017

By Susan Crawford

You’ve Been Told Your Employment Agreements are Unenforceable, Now What??

Over the last two years, CCP has blogged on a number of lower and appellant level court decisions where termination clauses in employment agreement...

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Mar 9, 2017

By Kelsey Orth

Decision of UK Employment Tribunal is Not “Uber-Friendly” To Employers Anywhere

It’s right there on the website: Uber needs partners like you: Drive with Uber and earn great money as an independent contractor. Get paid ...

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Feb 9, 2017

By Susan Crawford

ESA Termination Clause Enforced-Leave to Appeal Denied by Our Highest Court in Oudin

On June 29, 2016 CCP blogged about the Ontario Court of Appeal decision in Oudin v. Centre Francophone de Toronto where a termination provision was...

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Nov 10, 2016

By Angela Wiggins

Proceed With Caution: Enforcing Restrictive Covenants is an uphill battle

Many employers want to prevent employees from pursuing their customers when or if the employee moves to a competitor. The bad news is that formaliz...

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Oct 20, 2016

By Kelsey Orth

Premature Ending not a Happy One for Employer: Early Termination of a Fixed-Term Contract Leads to Significant Damage Award

We have written before on the perils of (mis)using defined-term contracts.  The issue we encounter in our practice most frequently is the repe...

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Jun 29, 2016

Court of Appeal Upholds Termination Clause without the Bells and Whistles

The Ontario Court of Appeal has written a very short but potentially impactful decision with respect to the drafting of enforceable termination pro...

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Apr 28, 2016

By Mike MacLellan

Coming Back to Bite You in the Butt: Wrongful Dismissal Claim Thrown Out Where Butt-Dials Revealed Employee Working for Personal Business on Company Time

It is an unwritten and implied term of every employment contract that an employee owes a duty of fidelity and loyalty to their employer.  Thi...

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Apr 21, 2016

By Susan Crawford

Close Only Counts in Horseshoes: Court Confirms Termination Clause that “Potentially” Violates ESA Not Enforceable

At CCP, we are big believers in the value of a well-written employment agreement to reduce liability at the point of a dismissal on a non-cause bas...

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Apr 14, 2016

Employer Ordered to Pay 37 Months’ Salary for Breach of Employment Agreement

The Ontario Court of Appeal released a decision last week that serves as a stark reminder to employers of just how critical a properly worded emplo...

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Apr 7, 2016

By Angela Wiggins

Finding the Right Fit: Employer Successfully Relied on Probationary Period in Employment Contract to Terminate with 1 Weeks’ Notice

A clear written employment contract can be an invaluable tool for employers looking to ensure that their permanent employees are a good fit within ...

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Feb 5, 2016

By Kelsey Orth

When Is A Contractor Not A Contractor? The Answer Can Be Costly For Employers

In Ontario the issue of employment status is analyzed by different criteria depending on the particular legislative context: for example, there are...

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Jun 18, 2015

By Kelsey Orth

No Bonus for You! Judge Enforces Clear Language Disentitling Terminated Employee from Bonus Payout

In a case argued by Susan Crawford of CCPartners, Judge S.A.Q. Akhtar upheld the contractual provisions of an employment agreement that prohibited ...

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