‘Saving Provisions’ Will Not Cure Your Deficient Termination Clause
Every year we analyze countless new cases where the courts have grappled with the enforceability or lack of enforceability in termination clauses. This is for good reason – an enforceable termination clause is likely the single-most important provision in an Employment Agreement. An enforceable termination clause that restricts an employee’s rights upon termination to the […]
Independent Contractor or Dependent Contractor – The Current State
The distinction between independent contractors and dependent contractors was further clarified in the Court of Appeal’s recent decision in Thurston v. Ontario (Children’s Lawyer). In this case, a lawyer performed services for the Defendant under a fixed term contract over a period of 13 years. Each contract that she signed required the Plaintiff to apply […]
Stage 2 of Ontario’s Framework for Reopening the Province
Stage 2 of Ontario’s Framework for Reopening the Province On June 8, 2020, Premier Doug Ford announced that Ontario will be taking a regional approach to move into stage 2 of reopening the province. Specifically, many regions at the outskirts of the Greater Toronto Area (GTA) will be able to move into stage 2 as […]
Ontario Superior Court Indicates that Notice Awards are on the Rise
For years, the conventional belief was that 24 months was the upper limit for common law notice awards in Ontario. However, in a recent case, Dawe v Equitable Life Insurance Company, the Plaintiff, Mr. Dawe, was not only awarded with a massive 30-month notice period, but the Justice speaking for the court in this case […]
Ontario Labour Relations Board Provides Further Clarity on Severance Pay Obligations
Pursuant to Section 64 of the Ontario Employment Standards Act, 2000 (“ESA”), Ontario employers must provide an employee who has been terminated without cause, with “severance pay” where the employee has five or more years of service and the employer has a payroll of at least $2.5 million. However, in the recent decision in Doug […]
Ontario Superior Court Awards Over $600,000 for Wrongful Dismissal & Extraordinary Damages
In a recent decision, Ruston v. Keddco MFG, the Ontario Superior Court provided the Plaintiff, Mr. Ruston, with a massive award due to the Defendant Company, Keddco’s egregious mistreatment of their former employee. Mr. Ruston was the President of Keddco and was terminated due to fraud allegations. However, Keddco failed to provide Mr. Ruston with […]