A Non-Competition Clause Disguised as a Non-Solicitation Clause

In Donaldson Travel Inc. v. Murphy, the Ontario Court of Appeal found that a clause that appeared to be a non-solicitation clause was, in practice, a non-competition clause. The clause at issue provided as follows: The [personal respondent] agrees that in the event of termination or resignation that she will not solicit or accept business […]

Upcoming Seminars

HRPA 2016 Ottawa Law Conference Thursday, October 27, 2016 9:00 a.m. to 4:00 p.m. Ottawa Conference and Event Centre, 200 Coventry Road, Ottawa   Caroline Richard will be participating as a panelist at the Conference and discussing what is legally required in relation to return to work protocols for an injured or disabled employee.   […]

Termination of Older and Long Term Employees – 24 Months Reasonable Notice of Termination

In Stephanie Ozorio v. Canadian Hearing Society, the Ontario Superior Court of Justice concluded that Ms. Ozorio was wrongfully dismissed and was entitled to receive 24 months’ payment of salary and benefits. The employer, the Canadian Hearing Society, terminated Ms. Ozorio without notice. Ms. Ozorio had worked for the Society for 30 years, was 60 […]

Bonuses are Owed during the Notice Period

In two decisions issued on the same day, Lin v. Ontario Teachers’ Pension Plan and Paquette v. TeraGo Networks Inc., the Ontario Court of Appeal held that terminated employees could claim unpaid bonuses as part of the damages in their wrongful dismissal claims. The employment agreements included terms which required the employee to be actively […]

Fixed-Term Contracts – Getting It Right

In Joss Covenoho v. Pendylum, the Ontario Court of Justice determined that the termination provision in the fixed-term contract properly limited the employer’s liability upon termination. The employee was hired by Pendylum Inc. through a one year fixed-term agreement. Pendylum informed its employees that it was introducing mandatory education and criminal background checks and that […]