News & Analysis as of

Termination Employer Responsibilities Canada

Blake, Cassels & Graydon LLP

Adapting Quebec Employment Management Practices Amid Economic Unpredictability

When facing economic unpredictability, employers are often required to make complex workforce management decisions and be agile with their employment practices. Whether contemplating layoffs, terminations of employment or...more

Littler

Ontario, Canada Court Confirms a Clearly Drafted Temporary Layoff Clause Can Protect Employers From Constructive Dismissal Claims

Littler on

In Taylor v. Salytics Inc., 2025 ONSC 3461, the Ontario Superior Court of Justice considered whether a temporary layoff provision in an employment contract constituted a termination provision, and was therefore subject to the...more

Bennett Jones LLP

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

Bennett Jones LLP on

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

Stikeman Elliott LLP

Hungry for Consideration in Employment Agreements: Are Peppercorns Off the Menu for Employers?

Stikeman Elliott LLP on

In the recent decision of Sui v HungryPanda Tech Ltd., 2024 BCSC 1856 (“HungryPanda”), the Supreme Court of British Columbia invalidated a termination provision in an employment agreement by finding the employer had failed to...more

Stikeman Elliott LLP

Eternal Sunshine of the Stock-less Mind: The Judicial Saga on Treatment of Equity-Based Incentives upon Termination of Employment

Stikeman Elliott LLP on

What is the appropriate treatment under Quebec law of the equity-based incentives of an employee, upon termination of their employment without cause (serious reason)? Twenty years of case law suggest the question is all but...more

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