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Employment Contract › Supreme Court of Canada

Ogletree, Deakins, Nash, Smoak & Stewart,...

Ontario Superior Court of Justice Refuses to Apply Waksdale for Negotiated Employment Agreement

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In Rahman v Cannon Design Architecture Inc., the Ontario Superior Court of Justice upheld termination provisions that appeared to be in violation of the minimum standards prescribed by the Employment Standards Act, 2000...more

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Supreme Court of Canada Clarifies Duty to Exercise Contractual Discretion in Good Faith

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In 2020, the Supreme Court of Canada (SCC) heard arguments in Wastech Services Ltd. v. Greater Toronto Sewage and Drainage District, 2021 SCC 7 (Wastech) and C.M. Callow Inc. v. Zollinger, 2020 SCC 45 (Callow), both of which...more

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Ontario Employers Need to Review their Employment Agreements—the Waksdale Decision is Here to Stay

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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...more

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Supreme Court of Canada to Decide the Extent of Employers’ Duty of Trust, Honesty and Good Faith in the Performance of Incentive...

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It is rare for an employment law case to come before the highest court in Canada. One of 2019’s most significant developments was the Supreme Court of Canada’s decision to consider an employee’s appeal of the Nova Scotia...more

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Ontario, Canada: Sexually Harassed Employee Wins the Battle but Loses the War When she is Awarded Damages But is Ordered to Pay...

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A recent decision of the Court of Appeal of Ontario, Colistro v. Tbaytel, 2019 ONCA 197, puts employers in Ontario on notice that if they re-hire an employee who has a history of victimizing a current employee by sexual...more

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Termination Clause Enforced: Oudin and the Supreme Court of Canada

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In Canada, termination clauses in employment agreements are critical tools that allow an employer to avoid providing reasonable notice of termination under the common law.  Each year there are numerous court decisions on this...more

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Alberta Court of Appeal Revisits Contractual Good Faith Principles

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The organizing principle of good faith and the duty of honest contractual performance laid down by the Supreme Court of Canada in Bhasin v Hrynew, 2014 SCC 71 [Bhasin] do not give courts the ability to review the fairness of...more

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