Ontario Court of Appeal Rules Non-Competition Clause Unenforceable – Allison Taylor
Jeremy D. Schwartz / About Author
Related Posts
Divisional Court Quashes WSIAT Stress Decision and Allows Constructive Dismissal Case to Proceed
By: Ryan J. Conlin and Jeremy D. Schwartz Historically, workers’ compensation law placed a highly restrictive definition on traumatic mental…
17 Sep 2021
Alberta court rules on the limits of good faith in the performance of employment contracts
In a recent decision, the Alberta Court of Appeal strongly affirmed employers’ right to terminate employees without cause, and without…
31 Jan 2017
Workplace Policies Key in BC Court of Appeal Decision Upholding Just Cause Dismissal
Terminating employees in Canada can be expensive. Non-unionized employees are owed “reasonable notice” under the common law, or pay in…
19 Jun 2015
Probationary Panacea: Divisional Court Affirms Rights of Employers to Dismiss Probationary Employees without Reasonable Notice
Probationary periods are often essential tools for both employers and employees to determine the viability of a new employment relationship….
28 Jan 2016
Reporting Bad Conduct to Regulator Defamed Ex-Employee
The Court of Appeal recently confirmed that an employer defamed an ex-employee when the employer filed a false report with…
04 Dec 2018
Court Disregards Release where Settlement “Unconscionable”
The Ontario Superior Court recently allowed an employee to proceed with claims against his former employer regarding long-term disability insurance,…
29 Aug 2018
Rising Tide of Human Rights Damages
Ryan Conlin and Frank Portman discuss the disturbing trend of increasingly large general damages awards in human rights litigation.
25 Jun 2014
Di Tomaso v. Crown Metal Packaging Canada LP: the Court of the Appeal opens the door (again) to longer notice periods for non-managerial employees – Allison Taylor
By: Allison Taylor Employers should be dismayed by the result in the recent case before the Ontario Court of Appeal…
17 Feb 2012
Court Limits Bonus Entitlement During Notice Period
An often-contentious issue in wrongful dismissal litigation is whether an employee is entitled to a bonus that accrues or would…
22 Sep 2017
Mitigating by returning to work: it depends on the circumstances
When must a dismissed employee accept an offer of alternate employment with their employer? In some circumstances, employees will be…
02 Jun 2017
Generous termination clauses: Think twice before making promises
Many employers include termination clauses in employment contracts to limit their liability when dismissing employees. When employers draft generous termination…
28 Apr 2017
Bad facts make bad law (for employers): Court recognizes new tort of harassment
The Ontario Superior Court recently recognized a new tort that would allow employees to sue their employers for harassment in…
14 Jun 2017
When Can a Terminated Employee Reject an Offer of Re-Employment?
By: Landon Young and Jessica Young Does a terminated employee have a duty to accept an offer of re-employment after termination? This issue…
25 Sep 2015
When is a lay-off actually a termination?
Employers in Ontario must be cautious before implementing “temporary” layoffs. Unless the employee and employer have a clear and valid…
14 Dec 2011
Bank of Nova Scotia Overtime Class-Action Settles Out of Court
Employers often avoid making significant, compliance-oriented changes for fear that employees will discover their rights have been violated for years…
27 Aug 2014