In Makela v. Horizon School Division No 67, 2019 ABQB 974, Master J.T. Prowse of the Alberta Court of Queen’s Bench dismissed an employee’s claim for wrongful dismissal arising out of a fixed-term employment
Continue Reading (Another) Pit-fall warning for fixed-term employment agreements
In McGuinty v. 1845035 Ontario Inc., 2019 ONSC 4108, Justice Gordon awarded $1,274,174.83 in damages to an employee who had been constructively dismissed. The employee was employed pursuant to a ten-year, fixed-term employment contract
Continue Reading Pre-nups are to marriage as termination clauses are to employment: you need to consider the end at the beginning
In Katz et al. v Clarke 2019 ONSC 2188, the Ontario Divisional Court clarified an employer’s duty to accommodate an employee where there is a frustration of contract. The Divisional Court confirmed that an employer’s
Continue Reading Ontario Divisional Court clarifies termination of employment contract due to frustration
In the recent decision in Cormier v 1772887 Ontario Limited, an Ontario Superior Court judge stated that in some circumstances it would be reasonable to consider an employee’s years of service as an independent
Continue Reading Common law reasonable notice of termination for independent contractors?
In Krishnamoorthy v. Olympus Canada Inc., 2017 ONCA 873, the Ontario Court of Appeal (“ONCA”) overturned the motion for summary judgment and confirmed that the purchaser of a business’ assets (as opposed to a
Continue Reading How considerate of you to offer! No obligation to offer employment on the same terms after an asset purchase
At a time when employees are regularly presented with contracts containing end dates upon their hiring, distinguishing between fixed term and indeterminate contracts is of particular relevance and importance for employers in Quebec. Many employers
Continue Reading The fine line between fixed term and indeterminate employment contracts in Quebec
When a termination clause in an employment agreement is unclear or ambiguous, the ambiguity is generally read against the employer. In some decisions – such as Roden v Toronto Humane Society (2005), Oudin v Centre
Continue Reading Words speak louder than action when it comes to termination clauses
The recent Alberta Court of Appeal decision Styles v Alberta Investment Management Corporation has highlighted the inherent right of an employer to terminate employment without cause on reasonable notice or payment in lieu thereof. This
Continue Reading Clear contractual language prevails in court decision on incentive payout upon termination
When an employee’s employment is terminated without cause, in the absence of an enforceable termination provision in an employment agreement, the employee will be entitled to reasonable notice of termination of employment at common law.
Continue Reading Employee’s “unilateral life plans” are not relevant to reasonable notice of termination of employment
Yet another Canadian appellate decision has confirmed that employers who do not provide for the early termination of fixed-term employment agreements do so at their peril. In Alsip v Top Rollshutters Inc. dba Talius,
Continue Reading Great expectations: BC Court of Appeal confirms employee entitlement to balance of fixed-term agreement
