The Ontario Superior Court of Justice recently upheld a termination clause in an employment contract which limited entitlements upon termination to the minimum available under the Employment Standards Act, 2000 (ESA) but which did not make explicit reference to the continuation of benefits during the statutory notice period. In Burton v. Aronovitch McCauley Rollo LLP,…
Practice Area: Litigation
Hicks Morley Ranked Seventh Worldwide and First in Canada by Who’s Who Legal: Labour & Employment 2018
Hicks Morley is ranked seventh worldwide and first in Canada by Who’s Who Legal: Labour & Employment 2018 for the amount of lawyers recognized by the directory. This edition features 1,131 lawyers from over 500 firms around the world.
FTR Quarterly – Issue 10
In This Issue: 5 Key Things for Employers to Consider in Drafting Termination Clauses in Employment Contracts, What Is – and What Isn’t – Constructive Dismissal: An Update, FTRQ&A with John Kloosterman: Key Differences Between Canadian and U.S. Employment Law and much more!
Hicks Morley Lawyers Recognized in Best Lawyers in Canada 2019
Hicks Morley congratulates 27 of our lawyers for being recognized in Best Lawyers in Canada 2019 in the areas of Labour and Employment Law, Employee Benefits Law, Corporate and Commercial Litigation, Privacy and Data Security Law and Workers’ Compensation Law.
Court of Appeal Outlines Key Principles On Suspending Employees With and Without Pay
In Filice v. Complex Services, the Ontario Court of Appeal provided valuable guidance regarding constructive dismissal, investigative suspensions of employees without pay and proper damages assessments. The plaintiff/respondent in appeal was employed by Complex Services (the defendant/appellant) as a Security Shift Supervisor at Casino Niagara and Fallsview Casino. All employees in the Casino’s Security Department…
Frequently Asked Questions
Successful in having a proposed class proceeding dismissed on jurisdiction and limitations grounds in the Ontario Court of Appeal, on behalf of several corporate and individual clients.
Successful in having a proposed class proceeding dismissed on jurisdiction and limitations grounds in the Ontario Court of Appeal, on behalf of several corporate and individual clients.
Court Holds Judicial Review Not Available in Broader Public Sector Compensation Restraint Challenge
The Divisional Court recently issued an important decision, Association of Professors of the University of Ottawa v. University of Ottawa, with respect to the ability of a union to challenge a university’s determination of compensation payable to its non-unionized employees on the basis that the determination is contrary to the Broader Public Sector Accountability Act,…
Successfully defended a motion for costs in a civil action before the Superior Court of Justice.
Successfully defended a motion for costs in a civil action before the Superior Court of Justice.
Appeal Court Rules on Termination Clauses and Proper “Failsafe” Language
The differing interpretations by the courts of employment contract provisions which limit entitlements upon termination has caused considerable confusion of late. The Ontario Court of Appeal has rendered a helpful decision which may serve to lessen some of the confusion. The Court reversed a lower court decision and found that a clause in an employment…