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Nov 10, 2016

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

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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