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Article
Common Sense Prevails: Ontario Court Of Appeal Delivers Welcome Clarity On Termination Clauses
The Ontario Court of Appeal has issued a landmark ruling that clarifies the interpretation of employment termination clauses, rejecting overly technical challenges and restoring predictability for employers. In two consolidated appeals, the court upheld termination provisions that had been subject to conflicting lower court decisions, establishing key principles about contextual interpretation, savings clauses, and common contractual language. This decision marks a significant shift away from the "gotcha" p
CanadaEmployment and HR
Blake, Cassels & Graydon LLP
Article
"Competent Supervisor" Obligation Relates To Competence In Safety, Not In Performance Management: OLRB Dismisses OHSA Retaliation Complaint
A laid-off worker's safety-retaliation complaint under the Occupational Health and Safety Act has been dismissed because it was really a complaint about management's assessment of his performance...

CanadaEmployment and HR

Dentons Canada LLP

Continued Consideration Of COVID-19's Impact On Reasonable Notice Analysis

On February 9, 2021, the Ontario Superior Court of Justice released its decision in Iriotakis v. Peninsula Employment Services Limited.

CanadaEmployment and HR

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

CanadaEmployment and HR

Court Of Appeal Clarifies Application Of "Wallace" Damages

Jessen v. CHC Helicopters International Inc.

CanadaEmployment and HR

Stikeman Elliott LLP

Court Of Appeal Overturns Award Of Punitive Damages To Wrongfully Dismissed Employee

The Ontario Court of Appeal has released its decision in Brito v. Canac Kitchens, an appeal from an Ontario Superior Court of Justice decision that we discussed in an earlier post.

CanadaEmployment and HR

Stikeman Elliott LLP

Court Of Appeal Reduces "Irrational" $550,000 Punitive Damages Award In The Context Of A Wrongful Dismissal Claim; $450,000 Found To Be Sufficient

In a previous post, we discussed a case, "Pate Estate v. Galway-Cavendish and Harvey (Townships)", where a court awarded an employee who was wrongfully dismissed punitive damages of $550,000.

CanadaEmployment and HR

Stikeman Elliott LLP

COVID-19 Vaccination Policies And Records Of Employment: New Guidance From Service Canada

As employers continue to implement vaccination policies in their workplaces, practical questions have arisen.

CanadaEmployment and HR

McCarthy Tétrault

Do Employers Really Have An Obligation To "Accommodate" An Incompetent Worker? Must The Worker Be Offered Another Position Within The Enterprise?

For several years now, a case law controversy has been repeatedly resurfacing regarding the obligations of an employer in the case of the administrative dismissal of a worker for incompetence

CanadaEmployment and HR

Langlois Avocats

Don't Gamble: Leave No Stone Unturned When Seeking Fulsome Documentary Disclosure

The termination of one's employment is often unexpected and, when it occurs, is typically effective immediately. Even further from an employee's mind is the contemplation of litigation following a termination.

CanadaEmployment and HR

MacDonald & Associates

Don't Forget The Stocks! Wrongful Dismissal Settlements And Employee Entitlements

Settlements provide certainty and finality in place of protracted litigation. Positional demands are made, and concessions are offered up, to bring legal disputes to a firm end.

CanadaEmployment and HR

Turnpenny Milne

Drawing The Line On Equity Compensation: The Ontario Court Of Appeal Takes Up RSUs

Equity‑based compensation has become a core component of remuneration packages for many employees — particularly in technology, life sciences, and other growth industries.

CanadaEmployment and HR

McCarthy Tétrault

Employee's Secret Recording Of Meetings With Management Contributes To Finding Of Just Cause For Dismissal

A recent decision from the Manitoba Court of Queen's Bench supports that an employee's use of his work phone to secretly record meetings with management may support an employer's decision to terminate for just cause.

CanadaEmployment and HR

McCarthy Tétrault

Employer Entitled To "Better Doctor’s Note" After Six Month Absence

The Federal Court of Appeal decided in Western Grain By-Products Storage Ltd. v. Donaldson that Western Grain By-Products Storage Ltd did not constructively dismiss its employee, Donaldson.

CanadaEmployment and HR

Employer Liable For Long-Term Disability Coverage During The Common Law Notice Period

In Brito v. Canac Kitchens, the Ontario Superior Court awarded substantial damages against the employer for wrongful dismissal, including damages for lost disability benefits, payment in lieu of a 22-month notice period and $15,000 in punitive damages due to the employer’s "hardball" approach to the termination of a long-service employee.

CanadaEmployment and HR

Stikeman Elliott LLP

Employers Must "Trust" Employees To Account For Mitigation Earnings During Notice Period

A typical wrongful dismissal case (where cause is not an issue) generally involves two legal issues.

CanadaEmployment and HR

McCarthy Tétrault

Federal Court Clarifies That Reinstatement Is Not The "Standard" Remedy In All Unjust Dismissal Cases

As many of our readers are aware, adjudicators have an array of options under the Canada Labour Code (CLC) to remedy an unjust dismissal.

CanadaEmployment and HR

Federal Employers: Just Because You Paid Them, Doesn't Mean They Can't Complain About You

Earlier this year, the Federal Court of Appeal (FCA) settled the much debated question of whether part III of the Canada Labour Code (the Code) permits dismissals on a without cause basis.

CanadaEmployment and HR

Stikeman Elliott LLP

Federally Regulated Employers Cannot Terminate "Without Cause"

The Code applies to federally regulated employers primarily in the banking, broadcasting, telecommunications, interprovincial transportation and aeronautics sectors.

CanadaEmployment and HR

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" termination provision in an employment contract...

CanadaEmployment and HR

Showing 301–320 of 2191 results

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