Battle of the clauses: what does it take for the Court to uphold a termination clause?
Two recent Ontario Superior Court of Justice decisions shed light on what types of termination clauses will be upheld and which will be deemed unenforceable.
Court of Appeal finds yet another termination clause to be unenforceable
In the recent decision of Andros v Colliers Macaulay Nicolls Inc., the Ontario Court of Appeal (“OCA”) found yet another termination clause to be unenforceable. In this decision, the OCA reaffirmed and clarified various principles surrounding the enforceability of such clauses.
Workplace Harassment Provisions Coming to the Canada Labour Code
The Canada Labour Code will be introducing workplace harassment and violence provisions in 2020
Changes to the Canada Labour Code happening September 1, 2019
Federally regulated employers should be aware that various changes to the Canada Labour Code are set to be in place as of September 1st, 2019. As this date is quickly approaching, it is vital that employers familiarize themselves with these amendments and begin...Wrongful Dismissal Damages for Employee/Shareholders
Executives often receive different forms of compensation such as salary, bonus, short-term incentive compensation, long-term compensation, stock options, and income from shares in the corporation. In recent years, the Ontario Court of Appeal (“OCA”) has...Wrongful Dismissal Update: Ontario court reaffirms cap of 24 months reasonable notice unless exceptional circumstances exist
Unless there are exceptional circumstances, Ontario judges will not generally award more than 24 months notice period.