Knowledge & Perspective

Staying current is critical. We're pleased to provide insight and updates on case law and legislation that are relevant to our clients.

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October 4, 2017

Changing Tides: Enforcement of Termination Provisions

From the employer’s perspective, one of the most beneficial terms in an employment contract is a prescribed notice period in the event of a “without cause” termination.

August 11, 2017

Mitigation Income: What’s In and What’s Out?

Under the common law, an employee who is terminated without cause is entitled to reasonable notice of termination, or pay in lieu thereof. That entitlement is not free of conditions.

August 10, 2017

Working Notice not Appropriate for Employees on Medical Leaves of Absence

A recent decision of the Ontario Superior Court, McLeod v 1274458 Ontario Inc., 2017 ONSC 4073, confirms that working notice does not apply where an employee is unable to work due to a medical leave of absence.

November 9, 2016

Termination Clauses: Nova Scotia Supreme Court Weighs In

In recent years, there have been many decisions on the enforceability and interpretation of termination clauses in employment contracts – which employers and their legal counsel read with both interest and apprehension.

September 9, 2016

Terminated Employee Entitled to Bonus Payments

An employee in Ontario was awarded bonus payments for the applicable reasonable notice period following a without cause termination despite the bonus plan’s express terms that personal and company objectives must be met and the employee must be actively employed.

May 20, 2016

Employer Liable for Remainder of Fixed Term Employment Contract

A new decision from the Ontario Court of Appeal shows the potential downside of fixed term employment contracts for employers and the importance of proper drafting.

May 13, 2016

Beware of the One Month Per Year of Service “Rule”: Part 5

There is no shortage of cases which confirm the perils of assuming that an employer’s liability for reasonable notice of termination will be capped at one month per year of employment.

February 18, 2016

Beware of the One Month Per Year of Service “Rule”: Part 4

There continues to be a seemingly never-ending stream of cases which confirm the perils of assuming that an employer’s liability for reasonable notice of termination will be capped at one month per year of employment.