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Mar 1, 2024

By Kelsey Orth

ANOTHER CLAUSE BITES THE DUST: Latest decision of the Superior Court strikes down another termination clause

Stop us if you have heard this before: the Ontario court system’s latest decision undermines the enforceability of employment agreements. In ...

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Jun 22, 2023

If “Only” the Termination Clause was Valid: Ontario Superior Court finds termination clause violates the ESA due to its use of “and/or” and “only”

A recent case Quesnelle v. Camus Hydronics Ltd. (2022) ONSC 6156 demonstrates the importance of carefully and properly drafting an employment contr...

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May 25, 2023

By Jacob Love

Court Finds Termination Clause Unenforceable Due To “Just Cause” Provision

In Tan v. Stostac Inc., 2023 ONSC 2121, the Court found that the termination clause contained in the employment agreement was unenforceable and the...

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Apr 27, 2023

Silence Does Not Speak Louder than Words says Ontario Court of Appeal - Silence in the Face of a Temporary Layoff Does Not Equal Condonation

Recently the Ontario Court of Appeal (“ONCA”) determined that an employee’s silence does not equal a condonation to a temporary l...

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Mar 16, 2023

Time for a Change in your Employment Contracts? What we can learn from the Ontario Court of Appeal’s recent decision on the “Changed Substratum” doctrine

Even when a case is generally not favourable to employers, it can serve as an important reminder to companies to review and update their employment...

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Mar 9, 2023

By Mike MacLellan

Ontario Court Upholds Dismissal where Employee Refused to Comply with Third Party Vaccine Mandate

We have been blogging a lot about how COVID-19 vaccine mandates have impacted workplace law, and now we can add one more context to our catalogue.&...

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Dec 15, 2022

By Jacob Love

A Lesson on Discretion: Discretionary Bonuses Have to be Paid Fairly

A common form of compensation for integral members of an organization is the discretionary bonus.  In principle, an employer can exercise disc...

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Oct 20, 2022

Employee Awarded $55k in Punitive and Moral Damages: What Lessons Can Employers Pohl from the Case?

A recent decision, Pohl v Hudson Bay Company, 2022 ONSC 5230, offers a few lessons about proper conduct during termination. The decision arose afte...

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Jun 16, 2022

By Jacob Love

Court of Appeal: Subjective Considerations Cannot Override the Plain Language of a Termination Provision

In a decision released on June 8, 2022, the Court of Appeal for Ontario overturned the motion judge’s decision in Rahman v. Cannon Design Arc...

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Mar 3, 2022

Ontario Court Confirms No Retroactive Application of Employment Standards Act Ban on Non-Competition Clauses

Last week we were able to share some much-needed ministry guidance on the Working for Workers Act (the “Act”), which introduced amendme...

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Feb 24, 2022

By Mike MacLellan

Working For Workers Act: Ontario Ministry Provides Needed Guidance

Late last year, CCPartners published an Employers’ Edge overview of the Working for Workers Act, amending Ontario’s Employment Standard...

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Dec 3, 2021

By Susan Crawford

Working for Workers Act Passed by Ontario Government

On Tuesday, November 30, Ontario passed Bill 27, the Working for Workers Act, 2021 which was first tabled in October and received royal assent on T...

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Oct 27, 2021

NEW LEGISLATION: ONTARIO CREATING A BETTER FUTURE FOR WORKERS

Today, October 25, 2021, the Ontario government is introducing legislation with a goal to better protect, support and attract workers to the provin...

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Jul 29, 2021

By Kelsey Orth

WE KNOW THE PANDEMIC HAS MADE EVERY DAY FEEL LIKE A YEAR, BUT COME ON! BC PROVINCIAL COURT AWARDS 3 MONTHS’ NOTICE TO 3-DAY EMPLOYEE.

Many are familiar with the general idea that, when it comes to reasonable notice, one month per year of service is the usual starting point.  ...

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Jul 22, 2021

ONTARIO COURT LIMITS ENTITLEMENT TO COMMISSIONS AND BONUSES PAYABLE BEYOND EXPIRY OF NOTICE PERIOD

Compensation arrangements can vary drastically from sector to sector and even within businesses. This is particularly the case in sales positions w...

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Jul 7, 2021

Resignation, Termination, or Repudiation? Employee’s Conduct Found to be Incompatible with Continued Employment

In an earlier blog post, we wrote about an Ontario decision in which the defendant employer’s conduct repudiated what otherwise might have be...

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Apr 22, 2021

By Mike MacLellan

Déjà Vu All Over Again: Ontario Court Strikes Down Termination Language and Awards Generous Notice Period

This has been a common theme in recent months for the Employer’s Edge, but once again, an employer’s contractual termination language h...

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Mar 25, 2021

SPRING CLEANING: NOW IS THE TIME TO TIDY UP YOUR CONTRACTS AND POLICIES

The warm weather is here and spring cleaning has begun. While most people think of dusting shelves, removing clutter and vacuuming the rug, we here...

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Mar 4, 2021

Ontario Superior Court Offers Further Guidance on the Impact of COVID-19 on Reasonable Notice Entitlements

A recent Ontario Superior Court decision, acts as a successor to the earlier Yee v Hudson’s Bay Company, 2021 ONSC 387 decision that we wrote...

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Feb 11, 2021

By Kelsey Orth

Missed Opportunity For Clarity Around Termination Language: Supreme Court Declines To Hear Waksdale Appeal

Back in June of last year we wrote about an Ontario Court of Appeal decision that was, in a word, “troubling”, for employers: Waksdale ...

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