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New Guidance on Ontario's Disconnect from Work Policy and Ban on Non-Competes

As we discussed in our previous blog, Ontario Bill 27: Working for Workers Act, 2021 is Now the Law, the Ontario government amended the Employment Standards Act, 2000 (the ESA) on December 2, 2021 to include a prohibition on...more

Ontario Employers Need to Review their Employment Agreements—the Waksdale Decision is Here to Stay

On January 15, 2021, the Supreme Court of Canada denied an application for leave to appeal from the Ontario Court of Appeal's June 2020 decision in Waksdale v Swegon North America Inc., 2020 ONCA 391. As a result, many...more

Supreme Court of Canada Awards Damages for Incentive Plan Entitlements Despite Plain Language of Plan

The Supreme Court of Canada's decision in Matthews v Ocean Nutrition Canada Ltd., 2020 SCC 26, highlights the high standard a court will require to rebut the presumption at common law that a dismissed employee will receive...more

Ontario Extends the Infectious Disease Emergency Leave and Delays Layoffs under the ESA until January 2, 2021

The Ontario government has extended the temporary relief measures under Ontario's Employment Standards Act, 2000 (ESA) set out in O. Reg. 228/20: Infectious Disease Emergency Leave until January 2, 2021....more

Plain Language in Bonus Plan Prevails: No Employment, No Vesting, No Bonus

In positive news for employers, in Styles v Alberta Investment Management Corporation, 2017 ABCA 1 [Styles], the Alberta Court of Appeal (ABCA) affirmed that an employee who does not meet a clear and well drafted condition of...more

Federally Regulated Employers Need Just Cause to Terminate Non-Union Employees

In an important decision (Wilson v Atomic Energy of Canada Limited) for federally regulated employers, the Supreme Court of Canada held that the “unjust dismissal” provisions in the Canada Labour Code mean non-union employees...more

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