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Based on some recent cases, it is strongly recommended that
employers have experienced employment lawyers review, at this time,
their existing employment contracts for their employees (or
consider whether to implement such employment contracts: usually a
very good idea).
In a surprising decision on January 14, 2021, the Supreme Court
of Canada dismissed the application for leave to appeal the
judgment in
Waksdale v Swegon North America Inc, 2020 ONCA
391. The Ontario Court of Appeal in
Waksdale held that any
termination clause in an employee contract that violates the
Back in June of last year
we wrote about an Ontario Court of Appeal
decision that was, in a word, troubling , for
employers:
Waksdale v Swegon North America Inc., 2020 ONCA
391. The problem from an employer s
perspective was that the Court of Appeal essentially opened wide
the door for plaintiffs – or more accurately their counsel
– to challenge what would previously have been unassailable
employment agreements.
If you follow
The Employers Edge you
know that there have been many changes to the law over the last
decade when it comes to the enforceability of employment
agreements; most specifically, numerous challenges have been upheld
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On January 15, 2021, the Supreme Court of Canada denied an application for leave to appeal from the Ontario Court of Appeal s June 2020 decision in
Waksdale v Swegon North America Inc., 2020 ONCA 391. As a result, many provincially-regulated employers in Ontario are now saddled with unenforceable termination provisions in their employment agreements with non-union employees, unless steps are taken to rectify them. Failing to take these steps may materially increase an employer s severance costs.
In
Waksdale, a company terminated an employee without cause and paid him severance as per the termination without cause provision in the employee s employment agreement. In response, the employee sued the company, claiming the otherwise enforceable termination without cause provision in his agreement was now unenforceable because a separate with cause provision in his agreement was unenforceable. Although not reproduced in t
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As we entered a new decade in 2020, Canada saw significant
developments in labour and employment law, some of which related to
COVID-19. This Insight provides an overview of 14 key 2020
developments, with links to more detailed articles and
commentary:
Ontario Superior Court recognized a new invasion of
privacy tort: publicity which places the plaintiff in a false
light in the public eye.
The recognition by Ontario s Superior Court of the new false light privacy tort in a family law case,
, was significant to employers. The