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Mar 6, 2025

By Baldeep Bhathal

Pay What You Promise – A Termination Gone Wrong

The recent Ontario Superior Court decision of Timmins v. Artisan Cells, 2024 ONSC 7123 highlights the importance of employers fulfilling their cont...

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Feb 21, 2025

By Jawdat Saleh

Another Day Another Unenforceable Termination Provision

In the recent Superior Court decision of Baker v. Van Dolder’s Home Team Inc., 2025 ONSC 952 (CanLII), Justice Sproat found that the terminat...

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Feb 10, 2025

By Mike MacLellan

Employment and Labour Law Considerations For Looming Tariffs

Employment and Labour Law Considerations For Looming Tariffs The Canadian government managed to secure a 30 day reprieve from the extreme tariffs t...

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Jan 23, 2025

By Kelsey Orth

Court Of Appeal Remains Unswayed: Dufault Decision Reaffirms Waksdale

In the realm of employment law, the Ontario Court of Appeal's decision in Waksdale v. Swegon North America Inc. significantly influenced the enforc...

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Oct 31, 2024

Hope Springs Eternal - Ontario Court Finds Termination Provisions Enforceable

In Bertsch v. Datastealth Inc., 2024 ONSC 5593, the employee commenced a wrongful dismissal action when his employment was terminated on a without ...

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Mar 1, 2024

By Kelsey Orth

ANOTHER CLAUSE BITES THE DUST: Latest decision of the Superior Court strikes down another termination clause

Stop us if you have heard this before: the Ontario court system’s latest decision undermines the enforceability of employment agreements. In ...

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Jun 22, 2023

If “Only” the Termination Clause was Valid: Ontario Superior Court finds termination clause violates the ESA due to its use of “and/or” and “only”

A recent case Quesnelle v. Camus Hydronics Ltd. (2022) ONSC 6156 demonstrates the importance of carefully and properly drafting an employment contr...

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May 25, 2023

Court Finds Termination Clause Unenforceable Due To “Just Cause” Provision

In Tan v. Stostac Inc., 2023 ONSC 2121, the Court found that the termination clause contained in the employment agreement was unenforceable and the...

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Apr 27, 2023

Silence Does Not Speak Louder than Words says Ontario Court of Appeal - Silence in the Face of a Temporary Layoff Does Not Equal Condonation

Recently the Ontario Court of Appeal (“ONCA”) determined that an employee’s silence does not equal a condonation to a temporary l...

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Mar 16, 2023

Time for a Change in your Employment Contracts? What we can learn from the Ontario Court of Appeal’s recent decision on the “Changed Substratum” doctrine

Even when a case is generally not favourable to employers, it can serve as an important reminder to companies to review and update their employment...

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Mar 9, 2023

By Mike MacLellan

Ontario Court Upholds Dismissal where Employee Refused to Comply with Third Party Vaccine Mandate

We have been blogging a lot about how COVID-19 vaccine mandates have impacted workplace law, and now we can add one more context to our catalogue.&...

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Dec 15, 2022

A Lesson on Discretion: Discretionary Bonuses Have to be Paid Fairly

A common form of compensation for integral members of an organization is the discretionary bonus.  In principle, an employer can exercise disc...

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Oct 20, 2022

Employee Awarded $55k in Punitive and Moral Damages: What Lessons Can Employers Pohl from the Case?

A recent decision, Pohl v Hudson Bay Company, 2022 ONSC 5230, offers a few lessons about proper conduct during termination. The decision arose afte...

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Jun 16, 2022

Court of Appeal: Subjective Considerations Cannot Override the Plain Language of a Termination Provision

In a decision released on June 8, 2022, the Court of Appeal for Ontario overturned the motion judge’s decision in Rahman v. Cannon Design Arc...

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Mar 3, 2022

Ontario Court Confirms No Retroactive Application of Employment Standards Act Ban on Non-Competition Clauses

Last week we were able to share some much-needed ministry guidance on the Working for Workers Act (the “Act”), which introduced amendme...

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Feb 24, 2022

By Mike MacLellan

Working For Workers Act: Ontario Ministry Provides Needed Guidance

Late last year, CCPartners published an Employers’ Edge overview of the Working for Workers Act, amending Ontario’s Employment Standard...

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Dec 3, 2021

By Susan Crawford

Working for Workers Act Passed by Ontario Government

On Tuesday, November 30, Ontario passed Bill 27, the Working for Workers Act, 2021 which was first tabled in October and received royal assent on T...

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Oct 27, 2021

NEW LEGISLATION: ONTARIO CREATING A BETTER FUTURE FOR WORKERS

Today, October 25, 2021, the Ontario government is introducing legislation with a goal to better protect, support and attract workers to the provin...

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Jul 29, 2021

By Kelsey Orth

WE KNOW THE PANDEMIC HAS MADE EVERY DAY FEEL LIKE A YEAR, BUT COME ON! BC PROVINCIAL COURT AWARDS 3 MONTHS’ NOTICE TO 3-DAY EMPLOYEE.

Many are familiar with the general idea that, when it comes to reasonable notice, one month per year of service is the usual starting point.  ...

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Jul 22, 2021

ONTARIO COURT LIMITS ENTITLEMENT TO COMMISSIONS AND BONUSES PAYABLE BEYOND EXPIRY OF NOTICE PERIOD

Compensation arrangements can vary drastically from sector to sector and even within businesses. This is particularly the case in sales positions w...

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