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Category Archives: Contracts

Restrictive Covenants: What Did I Agree To?!

Imagine that you have been the loyal and dedicated employee of the same employer for many years. After receiving a lucrative job offer from another company, you are able to make arrangements to part ways with your current employer amicably. Several months later, a client of your former employer approaches you and tells you that they are no longer happy […]


Reading the Fine Print

Imagine the scene: one day, just like any other, you’re sitting at your desk planning to pack up and head home soon when you are unexpectedly called into a meeting in the boardroom. You enter the boardroom to find your manager and the head of Human Resources sitting around the table. You’ve been around long enough to know what’s happening, […]


Clearing Up Common Misconceptions About Termination and Severance Pay

There continues to be a plethora of myths and misconceptions when it comes to the termination of the employment relationship. We are asked the same questions time and time again, including: Can an employer make a dismissed employee work through the notice period? Is a dismissed employee entitled to a lump sum? What happens if a dismissed employee finds new […]


Wood v Deeley: Court of Appeal Strikes Down Termination Clause

The ongoing saga of judicial  interpretation of termination clauses continues: yesterday, the Ontario Court of Appeal released its long-awaited ruling in Wood v Deeley. The Court overturned the lower court decision and struck out the clause in question. The outcome has the potential to have a wide-ranging impact on how employment agreements and termination provisions are drafted and enforced in Ontario. […]


The Latest Chapter in Employment Law: The Duty of Good Faith in Employment Contracts

In 2015, the decision in Styles v Alberta Investment Management Corporation made waves in the employment bar by granting an employee substantial damages for the value of bonuses payable under the employer’s Long-Term Incentive Plan (the “LTIP”), even though the employee did not appear to meet the eligibility criteria for payment set out in the LTIP. This award was based […]


Employment Contracts & Termination Clauses: Don’t Forget to Consider Consideration

Our recent Canadian HR Law blog post discusses the topic of termination clauses. Our firm has written multiple times on the ever-complicated, ever-changing, and certainly unpredictable realm of case law surrounding termination clauses in employment contracts. Regular readers will recall several cases such as Garreton and the initial trial court decision in Oudin, where clauses have been struck down due […]


Top 10 Employment Law Developments of 2016

One might think that by the year 2017, employment law would be settled and there would be few, if any, issues that are unpredictable or where the law is “open to interpretation”. That would be wishful thinking; 2016 included its share of new developments, surprising court decisions, and significant legislative developments. The reality is that as social attitudes evolve, the […]


Constructive Dismissal Requires Employees to be Reasonable

Constructive Dismissal is one of the most difficult concepts in employment law. As opposed to receiving a termination letter or being told “you’re fired”, determining whether a constructive dismissal occurred requires a fact-specific inquiry. The leading Supreme Court of Canada authority on constructive dismissal continues to be the 1997 decision of Farber v. Royal Trust Co., which explains that: A […]


Don’t Severance Yourself Just Yet

As my recent First Reference Talks blog post discusses, it appears that the saga of judicial interpretation and consideration of termination clauses will continue, with predictably unpredictable results. The Default: Reasonable Notice of Dismissal Without Cause As regular readers will know, the common law provides that in the event of dismissal without cause, employees are entitled to “reasonable notice”. Every […]


The Latest Chapter in Employment Law: Termination Clause Saga Continues

We have discussed in multiple blog posts the importance of using a contract in the hiring process, as well as the ongoing saga as courts attempt to determine “how perfect” a termination clause must be in order to displace the common law presumption of reasonable notice.  Employers seeking to avoid common law obligations often use termination clauses, but in many […]


Dealing With Rogue CEOs Spiraling Out of Control

Donald Trump has, for better or worse (likely worse), captured the attention of the world. His behavior has been so inappropriate and offensive that many members of his own party have refused to support him. Many have accused Trump of tearing the party apart. Obviously, American political parties have their own rules and processes, and are not the same as […]



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