Ontario Court of Appeal addresses termination clauses – here we go again! Andros v Colliers Macaulay Nicolls Inc., 2019 ONCA 679

Article
September 25, 2019
Read Time: 4 minutes

The Ontario Court of Appeal has recently decided yet another case about the validity of a termination clause in a contract.  The clause at issue read as follows: The company may terminate the employment of the Managing Director by providing the Managing Director the greater of the Managing Director’s entitlement pursuant to the Ontario Employment… Read more »

Perpetual Employment with Fixed-term Contracts: Am I An Indeterminate Employee?

Blog Post
February 26, 2018
Read Time: 4 minutes

The majority of workers in Canada are employed on a permanent basis, with an employment contract of indefinite duration; that is, with no specified end date. Recently, however, there have been interesting cases touching on a terminated employee’s entitlements when employed pursuant to a fixed-term contract.

Termination Clauses: Reading the Fine Print

Blog Post
November 29, 2017
Read Time: 3 minutes

In the event you are terminated, does your contract act in your best interest? Is the termination clause clear and unambiguous, and therefore enforceable? A recent case, Amberber v. IBM Canada Limited, illustrates the importance of thoroughly reviewing your employment contract, or having someone with expertise review it for you.

Promotion But No New Contract? That Old Contract May Not Apply!

Blog Post
August 17, 2017
Read Time: 3 minutes

What happens if your responsibilities and remuneration change so dramatically over the years that the fundamental nature of your employment is no longer the same? Are you still tied to your initial employment contract, including whatever notice and severance is found within, or do your entitlements change? A legal concept that helps answer these questions is known as the “changed substratum doctrine”.

Ottawa lawyers scuttle attempted condo board takeover

Blog Post
July 19, 2017
Read Time: 4 minutes

Three individuals tried to gain control of a Toronto condo board and its multimillion-dollar budget by manipulating the director election process, an investigation by Ottawa law firm Nelligan O’Brien Payne has found.