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Employment Contract › Canada › Appeals

Blake, Cassels & Graydon LLP

Five Employer Wins and Counting: Is the Tide Turning?

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In a shift from the prevailing trend of employee-friendly case law regarding the interpretation of employment and compensation agreements, Canadian courts have recently issued a series of rulings in favour of employers. ...more

Bennett Jones LLP

No Common Employer Means No Class Action—Ontario Court of Appeal

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The Ontario Court of Appeal has concluded that a client's influence over a service provider's processes does not establish an employment relationship between the client and the service provider's employees. The plaintiffs in...more

Mintz - Employment Viewpoints

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

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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

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

Blake, Cassels & Graydon LLP

Interprétation des dispositions relatives au licenciement : Approches distinctes des tribunaux de la Colombie-Britannique et de...

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Aperçu - Il est de plus en plus difficile pour les employeurs de déterminer si les dispositions relatives au licenciement incluses dans leurs contrats d’emploi seraient jugées exécutoires advenant leur contestation devant...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

Blake, Cassels & Graydon LLP

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

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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

Littler

Ontario, Canada Appeal Court Dismisses Employer’s Appeal of $1.8 Million Damage Award to Retired VP

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In Boyer v. Callidus Capital Corporation, 2025 ONCA 79, the Court of Appeal for Ontario (OCA) dismissed the employer’s appeal of the motion judge’s order in Boyer v. Callidus, 2024 ONSC 20, discussed in detail here. The...more

Mintz - Employment Viewpoints

Sooner the Better: Employers in Canada Should Really Review Their Termination of Employment Clauses

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A recent Ontario Court of Appeal (“ONCA”) decision signals a pressing need for Canadian employers to review and consider updating their contractual termination of employment provisions. Otherwise, employers are at risk of...more

Littler

Alberta Court of Appeal Decides Employees Entitled to Common Law Reasonable Notice Because Termination Clause Ambiguous

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In Bryant v Parkland School Division, 2022 ABCA 220, the Court of Appeal for Alberta (ABCA) allowed an appeal from a summary dismissal by the Court of Queen’s Bench of Alberta (ABQB) in Bryant v Parkland School Division, 2021...more

Stikeman Elliott LLP

Gone in 60 Days (or More): Court of Appeal Finds Termination Clause did not Limit Employee Termination Entitlements

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The Alberta Court of Appeal recently reviewed the enforceability of a termination clause that purported to impose limits on employee termination entitlements. In Bryant v. Parkland School Division, the Court held that a...more

Littler

Ontario, Canada Appeal Court Decides Non-competition Clause in Employment Agreement Governed by Common Law is Unenforceable

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In M & P Drug Mart Inc. v. Norton, 2022 ONCA 398, the Court of Appeal for Ontario (OCA) dismissed an employer’s appeal of an application judge’s decision that a non-competition clause in an employment agreement governed by...more

Stikeman Elliott LLP

Do the Paid Flexible Leave Days You Offer your Employees Satisfy your Obligations under the Labour Standards Act: The Quebec Court...

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As you know, since January 1, 2019, the Labour Standards Act (the "LSA") provides that employees who are credited with at least three (3) months of uninterrupted service are allowed a maximum of two (2) days of paid leave per...more

Littler

New Brunswick, Canada: Appellate Court Finds in Favor of Employee in Wrongful Dismissal Action

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In Abrams v. RTO Asset Management, 2020 NBCA 57 (Abrams), the New Brunswick Court of Appeal considered an employee’s appeal of a decision dismissing his action for damages in lieu of reasonable notice upon his job termination...more

Littler

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

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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

Supreme Court of Canada to Decide the Extent of Employers’ Duty of Trust, Honesty and Good Faith in the Performance of Incentive...

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It is rare for an employment law case to come before the highest court in Canada. One of 2019’s most significant developments was the Supreme Court of Canada’s decision to consider an employee’s appeal of the Nova Scotia...more

Littler

Littler Global Guide - Canada - Q3 2018

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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

Littler

Ontario, Canada: Limiting Bonus Entitlements When Employment Ends

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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

Bennett Jones LLP

Reliance on the Employment Contract–AKA "But It's Not Fair"

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Canadian courts have often been swayed by arguments of fairness from plaintiff employees regarding the interpretation of their employment contracts in an employment dispute. There has been a general judicial recognition of...more

Blake, Cassels & Graydon LLP

Styles Overturned: Alberta Court of Appeal Clarifies Treatment of Incentive Payments upon Termination

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In Styles v. Alberta Investment Management Corporation (Styles), a recently released decision that has been eagerly awaited by employers and employees alike, the Alberta Court of Appeal (Court) clarified the law with respect...more

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