Limiting Language for Bonus and Stock Option Clauses – The Court of Appeal weighs in

A recent decision from the Ontario Court of Appeal, O’Reilly v. IMAX Corp., considered whether a wrongfully dismissed employee is entitled to exercise stock options, receive bonuses or other aspects of a compensation package, such as profit-sharing, during a reasonable notice period. This case dealt with an employee who had been employed for 22 years […]

Supreme Court of Canada to decide on Uber Appeal – Is an Arbitration Clause Unenforceable in an Employment Agreement?

During our spring newsletter last year, we noted that the Court of Appeal of Ontario had decided in Heller v. Uber Technologies Inc., [2019] O.J. No. 1, that the arbitration clause found in the independent contractors’ agreements was void  if the contractors were considered to be employees. The reasoning from the Court of Appeal was […]

Rule Changes to Small Claims Court and Simplified Procedure in Ontario

Effective January 1, 2020, the monetary jurisdiction of Small Claims Court has increased from $25,000 to $35,000. This is an important change for employment law as many wrongful dismissal cases will fall within this jurisdiction. Small Claims Court has streamlined procedures and often moves significantly faster than other levels of the Court. In addition, the […]

Practical Limitations: How far must an Employer go in order to protect Workers under the Canada Labour Code?

The Supreme Court of Canada recently heard the appeal of Canada Post Corp. v. Canadian Union of Postal Workers 2019 SCC 67 dealing with section 125(1)(z.12) of the Canada Labour Code. Section 125(1)(z.12) of the Canada Labour Code requires that the work place committee or the health and safety representative inspects all or part of […]

Standard of Review Clarified – Vavilov and the Supreme Court’s Decision

The long-awaited decision of Canada v. Vavilov, 2019 SCC 65 was recently released. The decision dealt with a case of a young man, born in Toronto, who had his citizenship put into question because he had Russian spies as parents. While it is an interesting case and certainly deserves a read, of more importance (depending […]