David Cassin

David Cassin

Bennett Jones LLP

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Ontario Court Confirms Temporary Lay-Off Clause Is Distinct From Termination Clause | Bennett Jones

In Taylor v Salytics Inc., 2025 ONSC 3461 (Taylor), the Ontario Superior Court of Justice emphasized the importance of a substance-over-form analysis in the interpretation of employment agreements, concluding that a temporary...more

7/10/2025  /  Canada , Contract Interpretation , Employee Rights , Employer Responsibilities , Employment Contract , Employment Litigation , Layoffs , Ontario , Termination

An “Exacting Standard”: the Enforceability of Termination Clauses and the “At Any Time” Conundrum

Baker v Van Dolder’s Home Team Inc. (Baker) is the latest decision in Ontario to conclude that a termination provision permitting an employer to terminate, without cause, “at any time” is contrary to the Employment Standards...more

4/8/2025  /  Appeals , Canada , Contract Terms , Employee Rights , Employment Contract , Employment Litigation , Enforceability , Labor Regulations , Ontario , Termination

Ontario Superior Court on the Enforceability of Termination Provisions in Employment Agreements

A Question of Mixed Fact and Law - In a decision for which leave to appeal was denied by the Divisional Court, the Ontario Superior Court of Justice recently confirmed that a Rule 21 motion, seeking a determination of a...more

4/26/2022  /  Canada , Corporate Counsel , Employer Liability Issues , Employment Contract , Employment Litigation , Hiring & Firing , Human Resources Professionals , Ontario , Termination , Wrongful Termination

Court of Appeal Clarifies the Doctrine of Common Employer Liability, Holds Director Personally Liable

The Ontario Court of Appeal recently clarified that common employer liability on an interrelated corporation requires objective evidence of an intention to create an employer/employee relationship between the employee and the...more

6/29/2021  /  Canada , Employee Rights , Employer Liability Issues , Full-Time Employees , Human Resources Professionals , Ontario , Ontario Labour Relations Board , Unpaid Wages , Vacation Pay , Wage and Hour
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