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Category Archives: Contracts

The Latest Chapter in Employment Law: Termination during Probationary Period and OHL Players’ Class Action for Classification and Wages

In this edition of The Latest Chapter, we discuss termination during the probationary period and the recent decision by the Ontario Superior Court of Justice in the on-going class action initiated by major junior ice hockey players in the Ontario Hockey League seeking a ruling that they are employees and not students. Nagribianko v. Select Wine Merchants Ltd: What are […]


Cutting off Benefits

My latest Canadian HR Law blog post discusses the tricky risk of cutting off benefits during an employee’s notice period. For example, imagine the scenario: Michael has been working for a manufacturing company for 23 years. He started off on the manufacturing line and worked his way up to a lower managerial position. A few months ago, his marriage ended […]


Don’t judge a relationship by its title: Misclassification of employees as contractors

Employment relationships are not always black and white, even if there is a written agreement between both parties. Such relationships exist along a continuum, with employees and independent contractors at either end, and dependent contractors falling somewhere in the middle. While independent contractors do not have the same rights and protections as employees do under employment standards legislation or the […]


Latest Chapter in Employment Law: Contractors and Unintentional Termination

In this edition of The Latest Chapter, we discuss the ongoing issue of misclassification of workers, and whether some people working as “contractors” are really employees in the eyes of the law. We also review a recent decision where an employer effectively terminated an employment relationship without intending to. Sondhi v. Deloitte: Are document reviewers employees or independent contractors? While […]


Bonus Clauses: Be Sure they Say What You Think They Say

Bonus: You will be entitled to a discretionary annual bonus of up to 40% of your base salary, to be calculated using the formula set out at Appendix A and updated from year to year, which will take into account both company and individual performance. Payment of any bonus is purely discretionary and there is no guarantee of a bonus […]


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 […]



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