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On Strict Terms: Wording of Termination Provision Not What the Employer Does Determines Enforceability

Highlighting the importance of using precise language in termination provisions of employment contracts, the Ontario Court of Appeal in Wood v Fred Deeley Imports Ltd., 2017 ONCA 158 [Wood] recently held that a termination...more

Ontario Court Upholds Limitations on Liability for Misrepresentations Contained in Take-Over Bid Circulars

In a decision released on July 30, 2015, the Ontario Superior Court of Justice has clarified that plaintiffs seeking to advance claims under section 131(1) of the Securities Act (Ontario) alleging misrepresentation in a...more

Court of Appeal Denies Certification in Another Misclassification Overtime Class Action

In the latest installment in a series of recent employment class actions, the Court of Appeal for Ontario has dismissed an appeal by class action plaintiffs in Brown v Canadian Imperial Bank of Commerce. The decision...more

The Rise of Employment Class Actions?

As we discussed in an earlier blog post, a class action alleging BMO Nesbitt Burns failed to pay overtime to its current and former investment advisors was certified in August 2013. Rosen is the first certified class action...more

New Mass Termination Claim Certified in Ontario

On January 2, 2014, Justice Perell certified a class action alleging that, among other things, a group of over 500 putative class members had been wrongfully dismissed by their former (now insolvent ) employer. Justice...more

Justice Belobaba Certifies Ontario’s first “Misclassification” Overtime Class Action

In a decision that marks the first of its kind, on August 20, 2013, Justice Belobaba of the Ontario Superior Court of Justice certified a class action alleging that BMO Nesbitt Burns Inc. (“BMO”) failed to pay overtime to a...more

8/23/2013

Ontario Court of Appeal Upholds Denial of Certification for Problem Gamblers

In a ruling released on July 31, 2013, problem gamblers in Ontario were denied certification of a $3.5-billion class action law suit commenced against the Ontario Lottery and Gaming Corporation. The Court of Appeal’s decision...more

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