Ontario Court of Appeal Upholds Notice Award of 26 Months
Absent exceptional circumstances, common law reasonable notice for terminated employees is generally capped at 24 months, with a handful of cases awarding employees greater amounts. In the recent decision Currie v. Nylene Canada Inc., 2022 ONCA 209, the Ontario Court of Appeal shed further light on the kinds of exceptional circumstances which merit an award […]
The Impact of Pregnancy on Notice Periods
The Impact of Pregnancy on Notice Periods: Nahum v. Honeycomb Hospitality Inc The Ontario Superior Court’s recent decision in Nahum v. Honeycomb Hospitality Inc. demonstrates the impact that pregnancy can have on assessing reasonable notice owed to employees terminated on a without cause basis. While the often cited Bardal factors (i.e., an employee’s length of […]
Matthews v Ocean Nutrition Canada Limited: Supreme Court Clarifies Analysis for Bonus Payments During Reasonable Notice Period
The Supreme Court just released a decision on Friday in which it unanimously upheld a constructively dismissed employee’s entitlement to an incentive bonus payment over the course of his notice period. Mr. Matthews, a chemist by background, was a senior executive with Ocean Nutrition, and was a part of the company’s long-term incentive plan (“LTIP”), […]