Settlement agreements require careful attention to both present and future entitlements, as highlighted by the Ontario Court of Appeal’s recent decision in Preston v. Cervus Equipment Corporation. The Court held that the scope of an executed release, indemnity and minutes of settlement (the Settlement Documents) precluded an employee’s subsequent claim to vested stock units, despite…
Insights
Common Ground? Class Action Updates
In Wasylyk v. Lyft, the Ontario Superior Court of Justice issued a stay of a proposed employee misclassification class action in favour of private arbitration. The case provides an illustration of the factors that may support the enforceability of an arbitration clause in disputes related to the Employment Standards Act, 2000 (ESA). The plaintiff filed…
Common Ground? Class Action Updates
In Welshman v. Central Regional Health Authority, the Supreme Court of Newfoundland and Labrador (Court) certified a class action in which the plaintiffs alleged that employees of the defendant, the Central Regional Health Authority, improperly accessed the private personal and medical information of 260 individuals outside of the scope of their employment. The Court’s decision…
Raising the Bar
Raising the Bar – Year-End Edition
· 17 min readAs we welcome the holidays, we thought it would be a perfect time to share our latest edition of Raising the Bar. We hope you enjoy it and have some well-deserved time off over the holiday break. In this issue, we review i) the threshold Ontario courts expect employers to meet in justifying terminations for…