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Canada Compensation & Benefits

Bennett Jones LLP

Workplace Investigations: Perfection Is Not the Standard

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A recent decision of Ontario’s Superior Court of Justice provides helpful guidance to Ontario employers on the standard of workplace investigation in the context of a termination for cause. The Court also provides helpful...more

Association of Certified E-Discovery...

2024 Canadian eDiscovery Salaries: Webinar Takeaways

In the recent ACEDS webinar, “Beyond the Numbers: What the 2024 eDiscovery Salary Report Tells Us About the Industry in Canada,” our expert panel unpacked more than just compensation data. We explored the real-world trends...more

Association of Certified E-Discovery...

Canadian Salaries are Up, Talent is Scarce

Every year, we wonder what’s next for e-discovery careers in Canada—and the 2024 ACEDS Canadian E-Discovery Salary Report delivers the answers. Conducted by ACEDS’ Vancouver and Toronto chapters, this third-annual report...more

Bennett Jones LLP

Federal Government Proposes Changes to 30 Percent Rule to Spur Pension Investment Within Canada

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Canada’s federal government announced it intends to remove the “30 percent rule” for investments by domestic pension funds in Canadian entities. The change is part of the Fall Economic Statement that was released on December...more

Littler

Ontario, Canada Appeal Court Affirms That Invalid Termination Clause Does Not Invalidate Fixed-Term Clause

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In Kopyl v. Losani Homes, 2024 ONCA 199, the Court of Appeal for Ontario (OCA) affirmed the lower court’s finding that an invalid without-cause termination clause in an employee’s employment agreement does not invalidate a...more

Littler

Ontario, Canada Court Awards Retired VP $1.8 Million in Damages for Unpaid Vacation, Deferred Bonus and Unvested Stock Options

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In Boyer v. Callidus, 2024 ONSC 20, the Ontario Superior Court of Justice found that an employee was entitled to $1.8 million in damages for unpaid vacation, bonuses, and stock options, because the terms of the relevant...more

Stikeman Elliott LLP

The reasonable person test—When constructive dismissal becomes employee’s failure to minimize damage

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On February 1, 2024, the Superior Court of Quebec decided that a senior executive with 35 years of service who had been constructively dismissed was not entitled to severance pay because he had declined the new position the...more

Stikeman Elliott LLP

Ontario Superior Court of Justice Awards Retired VP $1.8m in Damages for Incentive Compensation and Vacation Pay

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The Ontario Superior Court of Justice’s decision in Boyer v. Callidus, 2024 ONSC 20 (“Callidus”) serves as a helpful reminder to employers of the importance of carefully drafting, documenting, and communicating contractual...more

Littler

Canada Entered Last Phase of CPP Enhancements on January 1, 2024

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All Canadian employers other than those in Quebec are required to: Deduct Canada Pension Plan (CPP) contributions from their employees’ pensionable earnings if the employee meets certain conditions; Contribute an...more

Bennett Jones LLP

Incentivizing Employees: Avoiding a Salary Deferral Arrangement

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Incentivizing employees is a critical component of most business strategies. Employers may implement arrangements for deferred cash bonuses, often subject to the satisfaction of certain criteria. From a tax perspective, the...more

Cadwalader, Wickersham & Taft LLP

RBC Incorporates Climate Priorities into Executive Incentive Compensation Plans

The Royal Bank of Canada announced that this year it will begin incorporating ESG considerations into incentive compensation plans for the bank’s CEO and other top executives. In particular, the bank plans to take ESG...more

Stikeman Elliott LLP

Every Benefit Everywhere All at Once: A Detailed Analysis of the 2023 Federal Budget’s Pension and Benefit Proposals

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On March 28, 2023, the federal government tabled its 2023 budget, “A Made-in-Canada Plan: Strong Middle Class, Affordable Economy, Healthy Future” (the “Budget”). Last week, our Tax Group released its comprehensive Budget...more

Bennett Jones LLP

'Tis the Reason: ABCA Considers Expanding Gatekeeping Role of Courts in Certification of Workplace Class

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Workplace class proceedings are on the rise in Canada. Recent class actions have involved employee claims for overtime, vacation time, damages for COVID-19 pandemic terminations, extended healthcare benefits,...more

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Canada’s Employment Insurance Sickness Benefits to be Extended From 15 to 26 Weeks and Federal Medical Leave from 15 to 27 Weeks

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On November 25, 2022, Canada announced that, commencing on December 18, 2022, Employment Insurance (EI) sickness benefits will be extended permanently from 15 weeks to 26 weeks. Accordingly, qualified individuals who...more

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Ontario, Canada Court of Appeal Finds Employers’ Discretion in Awarding Discretionary Bonuses Must be Exercised Fairly and...

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In Bowen v. JC Clark Ltd., 2022 ONCA 614, the Ontario Court of Appeal (OCA) put employers on notice that their discretion in awarding discretionary bonuses is not unconstrained and must be exercised fairly and reasonably. ...more

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Alberta Court of Appeal Finds Employee Must Express Lack of Consent to Employer’s Unilateral Reduction of Compensation Quickly to...

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Kosteckyj v Paramount Resources Ltd, 2022 ABCA 230 is an important Alberta Court of Appeal (ABCA) decision relating to constructive dismissal, as it assesses the timing of an employee’s objection to an employer’s unilateral...more

Blake, Cassels & Graydon LLP

Budget fédéral 2022 : Mesures visant les régimes de retraite, les avantages sociaux et la rémunération des hauts dirigeants

Le 7 avril 2022, le gouvernement fédéral a publié le Budget de 2022 (le « Budget 2022 »), lequel comprend un certain nombre de dispositions qui concernent les régimes de retraite, les avantages sociaux et la rémunération des...more

Blake, Cassels & Graydon LLP

2022 Federal Budget: Selected Pensions, Benefits and Executive Compensation Measures

On April 7, 2022, the federal government tabled its 2022 budget (2022 Budget), which included a number of provisions related to pensions, benefits and executive compensation, as summarized below. Here is an overview of...more

Littler

British Columbia, Canada Court Decides CERB Payment Should be Deducted from Damage Award for Wrongful Dismissal

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In Reotech Construction Ltd. v Snider, 2022 BCSC 317 (Reotech), the Supreme Court of British Columbia found that the trial court erred when it did not deduct the employee’s $9,000 Canada Emergency Response Benefit (CERB)...more

Stikeman Elliott LLP

TSXV Modernizes Security Based Compensation Rules

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The TSX Venture Exchange’s (TSXV) incentive stock option policy was amended in late 2021 to cover a variety of security based compensation commonly used as compensation tools, including deferred share units, performance share...more

Littler

Ontario, Canada Court Reduces Reasonable Notice Period Due to the Employee’s Failure to Take Reasonable Steps to Mitigate Damages

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In a wrongful dismissal claim in Ontario, it is up to the employer to prove that employees failed to mitigate their damages and that had they taken reasonable steps to do so, they would have likely obtained equivalent or...more

Littler

Supreme Court of Canada Overturns Court of Appeal in Landmark Bonus Case

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On October 9, 2020, in Matthews v. Ocean Nutrition Canada Ltd., 2020 SCC 26, the Supreme Court of Canada (SCC)—the highest court in the country—released a highly anticipated decision in an employee’s appeal of the Nova Scotia...more

Bennett Jones LLP

How COVID-19 Is Impacting Equity-Based Incentive Compensation

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The COVID-19 pandemic has had an unprecedented impact on the financial markets and stock prices. Through the spring of 2020, share prices have experienced extreme volatility and, in some cases, have traded at unforeseen...more

Blake, Cassels & Graydon LLP

COVID-19 Equity and Equity-Based Compensation Plan Considerations

Many public and private companies utilize employee compensation plans that are designed to deliver employer shares or cash compensation based on share price and/or other financial performance measures, which have been...more

Littler

Ontario, Canada: Court of Appeal Upholds Dismissed Employee’s Right to Damages for Value of Incentives That Would Have Vested...

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Whether a wrongfully dismissed employee is entitled to damages as compensation for the value of incentives that would have vested during the reasonable notice period is frequently litigated in Canada....more

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