Notice Requirements, Canada, Employment Contract

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

Littler on 2/21/2025

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

Employment Termination Clauses: Lessons From Singh v Clark Builders

Bennett Jones LLP on 2/19/2025

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

Tailwinds of “Common Sense” Buoy Employers: British Columbia Court of Appeal Upholds Simple Termination Clause

Stikeman Elliott LLP on 6/24/2024

In the decision of Egan v. Harbour Air Seaplanes LLP, 2024 BCCA 222 (“Egan”), the British Columbia Court of Appeal upheld a termination clause in an employment agreement, rejecting various arguments to undermine the clause’s...more

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

Littler on 7/19/2022

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

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

Stikeman Elliott LLP on 6/24/2022

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

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

Littler on 6/29/2021

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

Ontario, Canada Court of Appeal Confirms Past Experience with Vendor in Asset Purchase Transaction a Factor in Calculating...

Littler on 8/20/2020

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

Notice Requirements › Canada › Employment Contract

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

Employment Termination Clauses: Lessons From Singh v Clark Builders

Tailwinds of “Common Sense” Buoy Employers: British Columbia Court of Appeal Upholds Simple Termination Clause

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

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

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

Ontario, Canada Court of Appeal Confirms Past Experience with Vendor in Asset Purchase Transaction a Factor in Calculating...

Ontario Court of Appeal Limits Severability of Termination Clauses in Employment Contracts

International Lawyers Network: Temporary Layoffs

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

Termination Clauses in Ontario - Precise Language Can Help Limit Employers’ Liability

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

Notice Requirements › Canada › Employment Contract

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