Appeals, Contract Terms, Ontario

Attention Ontario Employers: Ontario Court of Appeal Upholds ESA Termination Clause in Bertsch v Datastealth Inc.

Mintz - Employment Viewpoints on 6/3/2025

In a rare but significant “win” for employers, the Ontario Court of Appeal confirmed that an employer can enforce a termination provision limiting an employee’s entitlements strictly to the minimum standards under the...more

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

Bennett Jones LLP on 4/8/2025

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

British Columbia and Ontario: Two Diverging Approaches to Interpreting Termination Provisions

Blake, Cassels & Graydon LLP on 4/3/2025

Overview - Employers increasingly face challenges regarding whether termination provisions in their employment agreements will be determined to be enforceable if challenged in court. As we continue to see increasing court...more

Court of Appeal for Ontario Upholds Decision That Serves as Warning Against Relying on Historical Employment Contracts

Ogletree, Deakins, Nash, Smoak & Stewart,... on 4/25/2023

The Court of Appeal for Ontario recently released a decision that affirmed the key legal principles and considerations courts will rely on when determining the enforceability of a historically written contract that no longer...more

Ontario, Canada: Calculation of Reasonable Notice Period When a Contractor Becomes an Employee

Littler on 2/26/2020

Cormier v. 1772887 Ontario Limited (St. Joseph Communications) (“St. Joseph”), 2019 ONCA 965, is an appeal from a summary judgment motion arising from the wrongful dismissal claim of a contractor who worked for St. Joseph for...more

Littler Global Guide - Canada - Q3 2018

Littler on 10/19/2018

Bill C-74 Receives Royal Assent- New Legislation Enacted- Bill C-74, the Budget Implementation Act, 2018, No. 1, received Royal Assent on June 21, 2018. Initiatives of interest to employers include allowing part-time...more

Ontario, Canada: Limiting Bonus Entitlements When Employment Ends

Littler on 11/21/2017

The Ontario Court of Appeal recently upheld a lower court’s dismissal of an employee’s claim for payment of a bonus after resignation because the employer’s non-discretionary bonus policy included an “active employment”...more

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