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Searching Content indexed under Contract of Employment by McMillan LLP ordered by Published Date Descending.
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1
The Fixed-Term Employment Contract: It's Your Funeral
Ontario's Superior Court of Justice has issued a stark reminder of the perils of fixed-term employment contracts. In McGuinty v. 1845035 Ontario Inc. (McGuinty Funeral Home),
Canada
27 Sep 2019
2
Independent Or Dependent Contractor? BC Court Finds No Severance Owing To Long Term Service Provider
A recent decision of the British Columbia Provincial Court serves as an important reminder of the factors a court will consider when determining whether an individual is a dependent contractor and of the repercussions ...
Canada
15 Feb 2019
5
2018: Year Of The Employer? Two (More) Helpful Decisions On Termination Clauses
Two recent Ontario cases have continued a recent trend of employer-friendly decisions regarding the enforceability of termination clauses.
Canada
6 Dec 2018
6
Stop Finding Ambiguity Where There Is None – Ontario Court of Appeal Adds to the Law of Termination Clauses
The Court of Appeal for Ontario has been very busy opining on termination clauses in the past two years. In
Canada
16 Jul 2018
7
"Don't Worry, We All Know What That Clause Means" – Court Reaffirms The Importance Of Carefully Drafting Fixed-Term Employment Agreements
The Ontario Superior Court recently pronounced itself on this issue in Norgren v. Plasma Power LLC.
Canada
20 Jun 2018
8
Has A Third Category Of Workers Emerged Under Quebec Employment Law: "Dependent Contractors"?
In a significant decision rendered on January 5, 2018, the honorable justice Stephen W. Hamilton of the Quebec Superior Court decided that an independent worker ...
Canada
4 Apr 2018
9
Under And Across The Sea, Where CETA Widens The Pathway To Increased Labour Mobility
Our previous bulletin on the provisional application of the Canada-European Union Comprehensive Economic and Trade Agreement (CETA) and its many benefits highlights that labour mobility...
Canada
7 Mar 2018
10
Alberta Court Of Appeal Confirms Ambiguous Termination Provisions Should Be Interpreted In Favour Of Employees
As the concurring judge reasonably observed, it is not always the case that there is an inequality of bargaining power between employers and employees which justifies judicial presumptions against employers.
Canada
2 Mar 2018
11
Happy New Year: Termination Clause Upheld By Court Of Appeal
2017 produced several notable decisions on the interpretation and enforceability of termination clauses. The Court of Appeal for Ontario has kicked off 2018 ...
Canada
17 Jan 2018
12
Canada
10 Jan 2018
13
Who Says An Offer Of Employment Can't Be Fair Consideration? The Ontario Court Of Appeal Weighs In On Asset Purchase Transactions And Employment Contracts
In asset purchase transactions, it is not uncommon for new employment offers to be made to the vendor's employees.
Canada
22 Nov 2017
14
You Only Get One Shot – Ontario Court of Appeal Says Severability Clauses Cannot Save Improper Termination Provisions
Ontario employers, employees, and, especially, their lawyers, have spent plenty of time grappling with the interpretation of termination clauses in recent years.
Canada
7 Nov 2017
15
Blown Save: ONCA Delivers "Bad News" to Employers Regarding Severability Clauses
Last year, we told you about a rare "good news" case for employers: Oudin v. Le Centre Francophone de Toronto ("Oudin"). In that case, the Ontario Court of Appeal ("ONCA") relied on a severability clause to save an otherwise void and unenforceable termination clause in an employment contract.
Canada
2 Nov 2017
16
Employee Vs. Contractor: Court Willing To Declare Status In Sock War
With the proliferation of contractors in the modern economy, the number of debates about employee status - is this an employee or a contractor? - continues to increase.
Canada
18 Oct 2017
17
New Ontario Workplace Legislation To Impact Use Of Contract And Temporary Workers
The Final Report from Ontario's much-publicized Changing Workplaces Review recently proposed a wide range of changes to the province's Employment Standards Act, 2000 and the Labour Relations Act, 1995.
Canada
5 Jul 2017
18
Employment Contracts: Enforceable Termination Provisions Exist
The tide may be turning against the recent flood of Canadian court decisions involving successful challenges to termination provisions in employment contracts.
Canada
8 Feb 2017
19
Employment Agreement Can Include Cover Email Presenting It
Many employers mistakenly believe that they have an "ironclad" contract which limits employee severance obligations. The recent decision in Ballim v. Bausch & Lomb Canada Inc., 2016 ONSC 6307 confirms...
Canada
26 Jan 2017
20
Recent Cases Confirm Obligations When Holding Former Employees To Non-Competition Covenants
Two recent decisions, one from the Ontario Superior Court of Justice and another from the B.C. Supreme Court, provide employers with further insight into what is required...
Canada
12 Jan 2017
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