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Canada Termination Employee Rights

Bennett Jones LLP

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

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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

Mintz - Employment Viewpoints

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

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

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

Bennett Jones LLP

Termination Provisions and the Perils of Imprecise Drafting: Key Lessons from De Castro v Arista Homes Limited

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The Ontario Court of Appeal’s recent decision in De Castro v Arista Homes Limited, 2025 ONCA 260 (De Castro) provides Ontario employers with yet another reminder about the importance of clear and concise drafting in...more

Bennett Jones LLP

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

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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

Stikeman Elliott LLP

The North American Trade Dispute: How to Manage Workplace Challenges for Canadian Employers

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As our readers will already be aware, since the new U.S. Administration took office on January 20, 2025, it has both proposed and implemented tariffs (the “U.S. Tariffs”) which have posed significant threats to the Canadian...more

Mintz - Employment Viewpoints

Key Employment Law Considerations for Canadian Businesses Impacted by Tariffs

As of this writing, the Trump administration has implemented a 25% tariff on most Canadian goods imported into the United States. Canadian governments at all levels are preparing relief programs for local businesses, but...more

Littler

Ontario, Canada Human Rights Tribunal Dismisses Probationary Employee’s Discrimination Claim

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In Karim v. Workplace Safety and Insurance Board, 2024 HRTO 1231, the Human Rights Tribunal of Ontario (HRTO) dismissed a probationary employee’s claim that they were discriminated against with respect to employment because...more

Littler

Ontario, Canada Court Finds Employer Repudiated Employment Agreement When it Failed to Pay Employee’s Contractual Severance

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In Timmins v. Artisan Cells, 2025 CanLII 2387, Ontario’s Superior Court of Justice found, in an undefended claim, that the employers “by their correspondence and actions” repudiated the employee’s employment agreement when...more

Bennett Jones LLP

Employment Termination Clauses: Lessons From Singh v Clark Builders

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In a recent decision, the Court of King’s Bench of Alberta upheld a freely negotiated termination clause with a sophisticated employee despite evolution to the employee’s role over the term of employment. The employee’s...more

Stikeman Elliott LLP

Did the Punishment Fit the Claim? Employer Hit With $25,000 in Punitive Damages for Making Statutory Entitlements Subject to a...

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In its recent decision, Thompson v Revolution Resource Recovery Inc.2025 BCSC 8 (“Thompson”), the Supreme Court of British Columbia (the “Court”) made a $25,000 punitive damages award against an employer for attempting to...more

Blake, Cassels & Graydon LLP

Overhaul of Alberta’s Workplace Laws Now Underway

Significant changes to Alberta’s workplace laws are coming. On May 24, 2017, the Alberta government introduced Bill 17, the Fair and Family-friendly Workplaces Act (Bill 17), which proposes the biggest changes to Alberta’s...more

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