Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 01 MAY 2023

Market Intelligence Thought Leadership Award Winner

Employment Update: Enforcing Employment Contracts After Substantial Changes

Blaney McMurtry LLP
Blaney McMurtry LLP
Contributor
Explore more from Blaney McMurtry LLP

Most employers are aware of the importance and value of employment contacts, particularly for the purpose of setting out and limiting an employee's termination entitlements.

CanadaEmployment and HR
Christopher McClelland
Christopher McClelland
Author LinkedIn connections

Most employers are aware of the importance and value of employment contacts, particularly for the purpose of setting out and limiting an employee's termination entitlements. However, many employers may not be aware that employment contracts are not always set in stone and risk going stale as roles change, grow and expand. In fact, changes over time to an employee's position, compensation or responsibilities can have an impact on the enforceability of the termination provisions in the original employment contract. This issue was recently addressed by the Ontario Court of Appeal in Celestini v. Shoplogix Inc.,2023 ONCA 131.

BACKGROUND

In 2002, Mr. Celestini co-founded Shoplogix as a technology start-up company. In 2005, he stepped down from his CEO role to that of a Chief Technology Officer ("CTO"). At the time Mr. Celestini became CTO, he signed an employment contract that limited his entitlements upon termination to a 12-month notice period. This contract

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be ought about your specific circumstances.

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

WorkSafeBC Proposes Changes To Laws Regarding Workplace Harassment And Violence

WorkSafeBC is proposing significant amendments to British Columbia's Occupational Health and Safety Regulation that would fundamentally reshape how employers address workplace harassment, violence, and psychological health. The proposed changes introduce expanded definitions, new prevention program requirements, and obligations to identify and control psychosocial hazards. These amendments could require most B.C. employers to substantially revise their existing workplace policies and procedures.
CanadaEmployment and HR
Cassels
Cassels
Article

Tariffs, Terminations And EI: Implications Of Canada’s New Support Package For Employers

Canada's federal government has announced a $3.5 billion rapid response support package in anticipation of retaliatory tariffs against the United States, introducing new temporary employment insurance measures and workforce retention programs. The package extends EI benefits, waives waiting periods, and creates funding opportunities for employers to retain and retrain workers rather than implement large-scale layoffs.
CanadaEmployment and HR
Siskinds LLP
Siskinds LLP
Article

Employment Update: Ontario Workforce Priority Stream - New Ontario Immigrant Nominee Program

Ontario has launched a major overhaul of its Provincial Nominee Program, consolidating eight immigration streams into four and introducing the new Ontario Workforce Priority Stream with updated eligibility requirements. The changes expand access to workers across all skill levels while implementing stricter employer compliance measures and a redesigned Expression of Interest scoring system that prioritizes labour market integration factors.
CanadaImmigration
Blaney McMurtry LLP
Blaney McMurtry LLP
Article

Employment Update: The Court Of Appeal Provides Guidance On The Forfeiture Of Equity Incentives Upon Dismissal

When an Ontario employer terminates an employee holding unvested Restricted Stock Units, can forfeiture clauses in equity agreements lawfully eliminate the employee's right to continued vesting during the statutory notice period? The Ontario Court of Appeal's decision in Wigdor v. Facebook Canada Ltd. addresses this critical question, examining whether such provisions impermissibly contract out of Employment Standards Act protections and what financial consequences employers face when equity forfeiture term
CanadaEmployment and HR
Blaney McMurtry LLP
Blaney McMurtry LLP
Article

Court Of Appeal Summaries (September 7 – 11, 2026)

This comprehensive summary examines six significant civil decisions from the Ontario Court of Appeal, addressing critical issues in cyber insurance coverage, wrongful dismissal, real estate commission disputes, and municipal election compliance. The cases establish important precedents on contract interpretation standards, successor employer liability, and the scope of public oversight in campaign finance audits.
CanadaLitigation, Mediation & Arbitration
Blaney McMurtry LLP
Blaney McMurtry LLP
Article

Court Of Appeal Summaries (June 15 – June 19, 2026)

The Ontario Court of Appeal released decisions for the week of June 15, 2026, addressing critical issues spanning employment compensation disputes, occupier liability and insurance deductions, international child custody matters, banking litigation costs, limitation periods in motor vehicle accidents, trust ownership disputes, offshore jurisdiction challenges, real estate development damages, and medical malpractice involving pediatric neurologists.
CanadaLitigation, Mediation & Arbitration
Blaney McMurtry LLP
Blaney McMurtry LLP