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Judge Xavier Rodriguez on Possession, Custody, or Control from the Meet and Confer Podcast
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The Labor Law Insider: How Arbitrations Help Preserve Labor-Management Peace, Part I
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The Labor Law Insider: NLRB Does a U-Turn on Make-Whole Settlement Remedies, Part I
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The Ontario Superior Court of Justice’s recent decision in Wigdor v Facebook Canada Ltd, 2025 ONSC 4051 provides helpful clarity for employers on two key issues: the enforceability of restricted stock unit (RSU) forfeiture...more
In December 2024, the Court of Appeal for Ontario released its highly anticipated decision in Dufault v. Ignace (Township). The three-judge panel determined that the “for cause” termination clause contained in the employee’s...more
In De Castro v. Arista Homes Limited, 2024 ONSC 1035, Ontario’s Superior Court of Justice (Court) held the termination provision in an employment contract was unenforceable because it defined “cause” more broadly than does...more
Two years ago in Waksdale v. Swegon North America Inc., 2020 ONCA 391, the Ontario Court of Appeal established the proper method for determining whether a termination clause in an employment agreement is enforceable. ...more
In Rutledge v. Canaan Construction Inc., 2020 ONSC 4246, Ontario’s Superior Court held, rather surprisingly, that a termination provision in an employment contract that has even a remote possibility of violating the...more
The Ontario Superior Court recently issued a decision in Sewell v. Provincial Fruit Co. Limited, 2020 ONSC 4406 (Sewell), applying the reasoning set forth in the Ontario Court of Appeal (OCA) decision, Waksdale v. Swegon...more
As the old adage goes, "less is more." This might now be true for termination clauses in employment contracts after a recent decision from Ontario's top court. In Waksdale v Swegon North America Inc., 2020 ONCA 391...more
The recent decision of the Ontario Court of Appeal in Manthadi v. ASCO Manufacturing, 2020 ONCA 485, analyzed the common law approach to the calculation of reasonable notice when a vendor terminates a worker’s employment in...more
On June 16, 2020, the Court of Appeal for Ontario handed down a decision that will have a profound impact on the enforceability of termination provisions in Ontario employment agreements. In Waksdale v. Swegon North America,...more
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