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Canada Employment Contract

Littler

Ontario, Canada Appeal Court Confirms Employment Contract Frustrated by Employee’s Refusal to Comply With COVID-19 Vaccination...

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In Croke v. VuPoint System Ltd., 2024 ONCA 354, the Court of Appeal for Ontario (OCA) upheld the Superior Court of Justice – Ontario (SCJ)’s summary judgment decision that an employee’s refusal to comply with their employer’s...more

Littler

British Columbia, Canada Court of Appeal Affirms Enforceability of Termination Clause That Incorporated by Reference Notice and...

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In Egan v. Harbour Air Seaplanes LLP, 2024 BCCA 222, the British Columbia Court of Appeal (BCCA) upheld a lower court’s decision that a termination clause in an employment agreement was enforceable because it was neither...more

Stikeman Elliott LLP

Tailwinds of “Common Sense” Buoy Employers: British Columbia Court of Appeal Upholds Simple Termination Clause

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In the decision of Egan v. Harbour Air Seaplanes LLP, 2024 BCCA 222 (“Egan”), the British Columbia Court of Appeal upheld a termination clause in an employment agreement, rejecting various arguments to undermine the clause’s...more

Ius Laboris

Canadian court upholds termination of unvaccinated worker

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The Ontario Court of Appeal recently held that an employee’s failure to meet COVID-19 vaccination requirements imposed by a third party amounted to frustration of the employment contract. As a result, there was no obligation...more

Littler

Ontario, Canada Appeal Court Affirms That Invalid Termination Clause Does Not Invalidate Fixed-Term Clause

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In Kopyl v. Losani Homes, 2024 ONCA 199, the Court of Appeal for Ontario (OCA) affirmed the lower court’s finding that an invalid without-cause termination clause in an employee’s employment agreement does not invalidate a...more

Littler

British Columbia, Canada Appeal Court Rejects Employer’s Frustration Defence in Circumstances Connected to COVID-19

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In Aldergrove Duty Free Shop Ltd. v. MacCallum, 2024 BCCA 28, the Court of Appeal for British Columbia (BCCA) dismissed an employer’s appeal when it agreed with the lower court that the employer could not use the frustration...more

Littler

Ontario, Canada Court Finds Termination Clauses in Fixed-Term Employment Agreement Unenforceable

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In Dufault v. The Corporation of the Township of Ignace, 2024 ONSC 1029, the Ontario Superior Court of Justice held that the termination provisions of a fixed-term employment contract were illegal and unenforceable because...more

Littler

Alberta, Canada Court Holds Placing Employee on Unpaid Leave for Failure to Comply with Mandatory COVID-19 Vaccination Policy is...

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In Van Hee v Glenmore Inn Holdings Ltd., 2023 ABCJ 244 (Glenmore), the Alberta Court of Justice found that an employer’s mandatory vaccination policy was a reasonable, justified and lawful response to the extraordinary...more

Bennett Jones LLP

Changes to Ontario's Employment-Related Legislation Have Arrived

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As you may have heard or read in our earlier blog, More Changes to Ontario's Employment-Related Legislation Are on the Horizon, the Ontario government introduced Bill 79, Working for Workers Act, 2023 in late March 2023. On...more

Cozen O'Connor

Amendments to the Québec Charter of French Language – What Brand Owners Need to Know

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On May 13, 2021, the Québec government introduced Bill 96, An Act respecting French, the official and common language of Québec (the Bill), proposing significant amendments to Québec’s Charter of the French Language (the...more

Bennett Jones LLP

Employment Standards Act to Require Licensing of Temporary Help Agencies: The New Regime at a Glance

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As of January 1, 2024, the Employment Standards Act will require temporary help agencies to be licensed by the Ministry of Labour in order to operate. The Ontario government previously amended the Employment Standards Act in...more

Stikeman Elliott LLP

Fixed in Stone - Fixed Term Remains Secure Despite Invalid Termination Clause

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The Ontario Superior Court of Justice recently released its decision in Kopyl v Losani Homes (not yet cited) (the “Decision”), providing insight into the enforceability of fixed terms in employment agreements in circumstances...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Employees of Federally Regulated Employers in Québec Will Have the Right to Carry Out Their Work in French

Bill C-13, An Act to amend the Official Languages Act, to enact the use of French in federally regulated private businesses Act and to make related amendments to other Acts, was granted Royal Assent on June 20, 2023. The act...more

Littler

British Columbia Court Finds Termination Clause Enforceable Because it Complied with Statutory Individual Notice Provisions

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In Forbes v. Glenmore Printing Ltd., 2023 BCSC 25, the Supreme Court of British Columbia (BC) disagreed with the employee’s argument that the termination clause in his employment agreement was invalid because it required the...more

Mintz - Employment Viewpoints

Better Late Than Never: Employers in Canada Should Review Their Termination of Employment Provisions

Canadian employers should review their employment contracts and update them as necessary to avoid potentially costly problems upon separation of employment. Since early 2021 when the Supreme Court of Canada declined to...more

Stikeman Elliott LLP

Wage-Fixing & No-Poach Agreements Now Illegal: What Businesses Need to Know

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Wage-fixing and “no-poach” agreements between employers are now illegal under the Competition Act, subject to limited exceptions. While the Competition Bureau has issued guidelines regarding its intended approach to enforcing...more

Bennett Jones LLP

Wage-Fixing and No-Poaching Agreements Illegal on June 23, 2023

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Competition Bureau Publishes Related Enforcement Guidelines Canada's new criminal prohibition on wage-fixing and no-poaching agreements will come into force on June 23, 2023. These new provisions under subsection 45(1.1) of...more

Blake, Cassels & Graydon LLP

Entrée en vigueur imminente de l’interdiction criminelle visant les accords de fixation de salaires et de non-débauchage

Le 23 juin 2023, la nouvelle disposition de la Loi sur la concurrence (la « Loi ») rendant les accords de fixation des salaires et de non-débauchage illégaux et passibles de lourdes sanctions au criminel entrera en vigueur....more

Blake, Cassels & Graydon LLP

New Criminal Prohibition Against Wage-Fixing and No-Poach Agreements Coming Soon

On June 23, 2023, the new criminal provision under the Competition Act (Act) prohibiting wage-fixing and no-poach agreements comes into force. This pending change in the law involves the potential for significant criminal and...more

Blake, Cassels & Graydon LLP

Quebec’s French Language Charter: A Year After Bill 96

On May 24, 2022, Bill 96, An Act respecting French, the official and common language of Québec (Bill 96), which amends the Charter of the French Language (Charter), was adopted by Quebec’s National Assembly. Certain...more

Blake, Cassels & Graydon LLP

Langue française : Où en sommes-nous près d’un an après l’adoption du projet de loi n⁰ 96?

Le 24 mai 2022, le projet de loi n⁰ 96 – Loi sur la langue officielle et commune du Québec, le français (le « PL-96 ») qui modifie la Charte de la langue française (la « Charte » ou la « Loi 101 »), a été adopté par...more

Stikeman Elliott LLP

Does Your Termination Clause Need to Comply with Statutory Group Notice Provisions?

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In its recent decision, Forbes v. Glenmore Printing Ltd., 2023 BCSC 25 (“Glenmore”), the Supreme Court of British Columbia rejected an argument that a contractual termination provision was void due to its potential to breach...more

Littler

Ontario, Canada Court Finds Employment Contract Frustrated by Employee’s Refusal to Become Vaccinated Against COVID-19

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In Croke v. VuPoint Systems Ltd., 2023 ONSC 1234, Ontario’s Superior Court of Justice decided that an employee’s refusal to comply with mandatory COVID-19 vaccination requirements resulted in the frustration of the parties’...more

Stikeman Elliott LLP

“Fixing” the Term of Employment: Fixed-Term Agreement defends against Wrongful Dismissal Claim

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In the recent Steele v. The Corporation of the City of Barrie, 2022 ONSC 7245 decision (“Steele”), the Ontario Superior Court of Justice provided some insight into when longer term fixed-term contracts can be enforceable....more

Bennett Jones LLP

Competition Bureau Seeks Feedback on Enforcement Guidance for Wage-Fixing and No-Poaching Agreements

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Last year, the Competition Act was amended to make it a criminal offense for two or more unrelated employers to enter into wage-fixing or no-poaching agreements. As we discussed last summer, these new provisions come into...more

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