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Apr 16, 2015

Supreme Court of Canada Denies Leave to Appeal Lower Court Decision Upholding Termination Provision in an Employment Agreement

Over the last several years, termination provisions have been set aside by Courts for a number of reasons as employers have been held to exacting s...

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Dec 4, 2014

Employer Fails to Trigger Employee’s Duty to Mitigate

In Farwell v Citair Inc. (General Coach Canada) 2014 ONCA 177 the appellant, Citair Inc., argued that the trial judge made an error of mixed f...

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Sep 12, 2014

BC Court of Appeal Upholds Non-Compete Provision for Veterinarian Clinic

Courts across Canada have continuously debated whether professionals can use non-competition agreements to protect their practices, when hiring a j...

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Sep 4, 2014

Employers Can Contract Out of Post-Termination Bonus Obligations

One of the most hotly contested issues on termination is whether an employee is entitled to a bonus that would have been payable at a later date. O...

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Aug 21, 2014

Enforcing Termination Provisions – Things Not Getting Any Easier For Employers

CCPartners has blogged about the benefits of including termination clauses in employment agreements and the common pitfalls associated with draftin...

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Jun 26, 2014

Is the Termination Clause in your Company's Employment Agreement Enforceable?

It is common for employers to prepare written employment agreements containing termination provisions that seek to limit employee notice entitlem...

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Jun 17, 2014

By Rob Boswell

Ontario Superior Court: Employer’s Out-of-Province Payroll is Relevant to ESA Severance Pay Threshold

As a result of subsection 64(1) of the Ontario Employment Standards Act, 2000, certain circumstances of a dismissal trigger an obligation on the em...

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Jun 12, 2014

Wrongful Dismissal Notice Periods – Superior Courts do not set Precedents

In the recent decision, Kotecha v. Affinia Canada ULC, the Ontario Court of Appeal provided a useful reminder that trial level decisions are not bi...

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Apr 24, 2014

Without Cause Termination is not Necessarily ‘Unjust’ Under the Canada Labour Code

A recent decision has ruled that a valid employment contract can be used as a shield against a claim of unjust dismissal pursuant to the Canada Lab...

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Apr 3, 2014

Ontario Superior Court finds Executive Resigned from BlackBerry Ltd. in Violation of his Employment Contract

BlackBerry Limited v. Marineau-Mes is a refreshing case for employers that wish to hold their employees to the terms in their employment agree...

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Mar 20, 2014

Fixed-Term Employment Contracts: Are They Worth the Risk?

Employers often hire employees pursuant to fixed-term contracts in order to avoid common law reasonable notice obligations and other perceived liab...

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Nov 7, 2013

OCA Upholds Restrictive Termination Clause for Senior Level Employee

Many employers who seek to limit their liability upon termination of an employee introduce termination clauses that strictly limit an employee&rsqu...

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