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…
Tag: Settlement
Ontario Announces Proposed Changes to Employment Requirements, Including Disclosure of Salary Ranges in Job Postings
On November 6, 2023, the Ontario government announced it will introduce legislation to require Ontario employers to disclose salary ranges in job postings. The legislation would also require employers to disclose whether they used artificial intelligence during the hiring process. Other proposed changes include: Further, the government announced that it will be conducting consultations on…
Nadine Zacks Quoted in Benefits Canada on Sexual Harassment Claim by University Employee
Benefits Canada quoted Hicks Morley’s Nadine Zacks in a January 23, 2019 article titled “B.C. University Employee Alleges Sexual Harassment, University Denies Claim.” The article discusses a sexual harassment claim at a university in British Columbia, brought by a female employee against her male colleague.
Court Rules Sexual Harassment Allegations Against Manager Outside Scope of Release with Employer
In Watson v The Governing Council of the Salvation Army, the plaintiff sued her former manager (Manager) for sexual harassment after having already settled the termination of her employment with her former employer, the Salvation Army. In her statement of claim, she sought a damage award for negligence, intentional infliction of emotional harm and breach…
Appellate Court Affirms the Importance of Clearly Drafted Minutes of Settlement
In a recent decision of the Ontario Court of Appeal, RJM56 Investments Inc v Kurnik, the Court supported an employer’s reasonable conduct in withholding and remitting amounts owing to the Canada Revenue Agency (CRA) in the face of ambiguous minutes of settlement, and in so doing emphasized the need for carefully drafted minutes of settlement….
Appellate Court Finds Settlement for Payment of Bonus Enforceable Despite Breach of Non-Compete Clause
The Court of Appeal recently upheld a motion judge’s finding that an employer was required to pay a bonus despite the fact that the dismissed employee was in breach of a non-compete clause. In Wilson v. Northwest Value Partners Inc., the parties entered into a settlement at mediation regarding Wilson’s claim for benefits (inclusive of…
Raising the Bar – Eleventh Edition
Dear Friends, As we are heading into the busy holiday season, we wanted to give you, our loyal RTB readers, some reading material for any quiet moments that you might be able to steal before the New Year. We are delighted to bring you this newest edition of RTB. In this edition, we bring you…
Raising the Bar – Tenth Edition
“Autumn is a second spring when every leaf is a flower.” Albert Camus Dear Readers, Welcome to Fall 2015! We are excited to bring you this latest edition of RTB as you get ready for the changing of the season. In this edition, we have a very interesting collection of decisions that you need to…
Raising the Bar – Ninth Edition
Dear Friends, Welcome to summer! We’re very pleased to bring you this pre-beach edition of Raising the Bar. In this edition, we’ll guide you through important recent decisions on topics ranging from offers to settle, to case management, to costs, to the question of when is enough discovery “enough”. We will also Shine a Light…
Divisional Court Upholds Jan Wong’s Obligation to Repay Settlement Funds for Breach of Confidentiality
The Ontario Divisional Court has unanimously upheld Arbitrator Louisa Davie’s decision that Jan Wong breached her confidentiality obligations under a settlement with her former employer, The Globe and Mail (the “Globe”) and is bound by the repayment obligation she agreed to as part of the settlement. The Court held that Ms Wong lacked standing to…