CCPartners | Blog

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...

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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...

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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...

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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...

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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...

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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...

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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...

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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...

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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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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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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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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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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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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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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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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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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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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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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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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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