Employer Quick Hit: confidentiality, conflict of interest clauses can also threaten your termination provisions
Our Ontario clients are aware that a Court of Appeal decision from 2020, Waksdale, prompted many employers to revise many of their employment contracts. Waksdale confirmed that if any provision of an employment agreement that is relevant to termination of employment violates the Employment S…
View the post titled Employer Quick Hit: confidentiality, conflict of interest clauses can also threaten your termination provisionsThe Ontario Court of Appeal weighs in on sexual harassment and just cause
Termination of employment for cause can seem like an unbelievably high bar for an employer to meet. Fortunately, the Ontario Court of Appeal has released two decisions in the last year that have upheld terminations for cause in circumstances involving sexual harassment and assault. Hucsko v.…
View the post titled The Ontario Court of Appeal weighs in on sexual harassment and just causeCan an employee’s involvement in the Freedom Convoy protests result in their termination of employment?
As we all know, life’s events are constantly being photographed, posted, tweeted, and shared. It seems that keeping our private lives private, has become less and less of a reality as the years go by. As a result, keeping a separation between employees “on-duty conduct” and “off-duty conduct…
View the post titled Can an employee’s involvement in the Freedom Convoy protests result in their termination of employment?Intervenor beware! – Brewers Retail v. Campbell
In Brewers Retail v Campbell, 2022 ONSC 2795, Justice Morgan dealt with costs in “procedurally unusual circumstances”: the Financial Services Regulatory Authority (“FSRA”), Ontario’s pension regulator, was granted intervenor status to oppose a consent motion for certification for settlement …
View the post titled Intervenor beware! – Brewers Retail v. CampbellOntario Court of Appeal clarifies distinction between termination for “cause” at common law and for “wilful misconduct” under the ESA
Ontario employers are often surprised to learn that there are two different regimes governing employee termination entitlements. At common law, employees are presumptively entitled to “reasonable notice” of termination or pay in lieu unless, among other things, an employee is terminated for …
View the post titled Ontario Court of Appeal clarifies distinction between termination for “cause” at common law and for “wilful misconduct” under the ESANot all privacy is worthy of protection: Stewart v Demme at the Divisional Court
In Stewart v. Demme, 2022 ONSC 1790, the Divisional Court set aside an order certifying a privacy class action against a hospital and its former employee, Catharina Demme, who was then a nurse. The decision, written for a unanimous panel by Justice Sachs, marks another case in which the Di…
View the post titled Not all privacy is worthy of protection: Stewart v Demme at the Divisional CourtYes, no or maybe so? Are evidentiary requirements on OSA leave motions broadening?
In O’Brien v. Maxar Technologies Inc., Justice Akbarali declined to grant the plaintiffs’ motion for leave to proceed with claims under section 138.3(1) of the Ontario Securities Act (“OSA”), concluding that there was no reasonable possibility that the action would be resolved in favour of t…
View the post titled Yes, no or maybe so? Are evidentiary requirements on OSA leave motions broadening?Getting it right in Ontario courts’ treatment of honoraria – Doucet and Redublo
In the event of a successful monetary settlement in a class proceeding, courts may order that additional compensation, in the form of a payment called an honorarium, be paid to a representative plaintiff who has meaningfully contributed to advancing litigation on behalf of the class. Honorar…
View the post titled Getting it right in Ontario courts’ treatment of honoraria – Doucet and RedubloHow binding is a non-solicitation clause?
Non-competition clauses are restrictive covenants that courts often deem unenforceable. But what about non-solicitation clauses? Are non-solicitation clauses strictly controlled? What is a non-solicitation clause vs. a non-competition clause? A non-solicitation clause restricts an employee, …
View the post titled How binding is a non-solicitation clause?First reported decision on s. 29.1 of the amended CPA – Bourque v Insight Productions
In Bourque v Insight Productions, Justice Belobaba applied section 29.1 of the amended Class Proceedings Act, 1992 (“CPA”), dismissing a putative class action for delay. Section 29.1 provides that, on a motion, the court must dismiss a putative class proceeding for delay unless, by the first…
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