News & Analysis as of

Notice Requirements Canada

Stikeman Elliott LLP

Tailwinds of “Common Sense” Buoy Employers: British Columbia Court of Appeal Upholds Simple Termination Clause

Stikeman Elliott LLP on

In the decision of Egan v. Harbour Air Seaplanes LLP, 2024 BCCA 222 (“Egan”), the British Columbia Court of Appeal upheld a termination clause in an employment agreement, rejecting various arguments to undermine the clause’s...more

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

New Canada Labour Code Regulatory Amendments: What Employers Need to Know

The Budget Implementation Act 2018, No. 2 (BIA 2018, No.2) made numerous changes to the Canada Labour Code (CLC) by. As a result of these changes, federally regulated employers will be required to reimburse employees for...more

Blake, Cassels & Graydon LLP

Ontario Announces Changes to Mass Termination Rules for Remote Employees

On March 13, 2023, the Ontario government announced proposed changes to the Employment Standards Act, 2000 (ESA) that, in mass termination situations, would afford employees who work solely from home with the same notice...more

Littler

Ontario, Canada Proposes ESA Amendments Relating to Remote Workers and New Hires

Littler on

On March 13, 2023, Ontario announced that it is proposing two amendments to the Employment Standards Act, 2000 (ESA) and related regulations. Employees Who Work Solely from Home to Become Eligible to Receive Enhanced...more

Littler

Alberta Court of Appeal Decides Employees Entitled to Common Law Reasonable Notice Because Termination Clause Ambiguous

Littler on

In Bryant v Parkland School Division, 2022 ABCA 220, the Court of Appeal for Alberta (ABCA) allowed an appeal from a summary dismissal by the Court of Queen’s Bench of Alberta (ABQB) in Bryant v Parkland School Division, 2021...more

Stikeman Elliott LLP

Gone in 60 Days (or More): Court of Appeal Finds Termination Clause did not Limit Employee Termination Entitlements

Stikeman Elliott LLP on

The Alberta Court of Appeal recently reviewed the enforceability of a termination clause that purported to impose limits on employee termination entitlements. In Bryant v. Parkland School Division, the Court held that a...more

Littler

Ontario, Canada Court Applies the Rule in Waksdale and Provides Insight on Calculating Reasonable Notice Damages

Littler on

A recent wrongful dismissal opinion from the Ontario Superior Court of Justice weighed the impact of the pandemic and alleged failure to mitigate when deciding how much reasonable notice damages were owed the plaintiff. In...more

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

Ontario Appellate Court Ruling Leaves Employers Waiting for Determination on Interpretation of COVID-19 Leave Provisions

Employers in Ontario have been waiting for clarification on the interpretation of COVID-19 leave provisions throughout much of the pandemic. Employers had hoped that the Court of Appeal’s decision in Taylor v Hanley...more

Littler

Alberta, Canada Court Deducts CERB Payments from Substantial Reasonable Notice Award to Long-term Employee

Littler on

In Oostlander v Cervus Equipment Corporation, 2022 ABQB 200, the Court of Queen’s Bench of Alberta awarded 24 months’ pay in lieu of reasonable notice to a long-term heavy duty mechanic, less mitigation income. The court also...more

Stikeman Elliott LLP

Ontario Update: Proposed Legislation to Require Employers to Have Electronic Monitoring Policies

Stikeman Elliott LLP on

On February 24, 2022, the Ontario government announced (the “Announcement”) its plan to introduce legislation that would require Ontario employers to inform their employees if and how they are being monitored electronically....more

Littler

Ontario, Canada Court of Appeal Upholds 26-Month Reasonable Notice Period Due to Exceptional Circumstances

Littler on

In Currie v. Nylene Canada Inc., 2022 ONCA 209, the Ontario Court of Appeal (OCA) dismissed the employer’s appeal of a lower court decision in which trial judge held “exceptional circumstances” existed to justify making an...more

Littler

Ontario, Canada to Introduce Legislation Requiring Employers to Disclose Electronic Monitoring of Workers

Littler on

On February 24, 2022, Ontario announced that later this month, in an effort to protect the privacy of employees, it will be the first province to introduce legislation requiring employers to tell their workers if and how they...more

Benesch

Quebec Adopts New Law to Modernize Personal Information Protection

Benesch on

Bill 64 largely tracks with already existing privacy regulations in other jurisdictions and will take effect over the course of the next three years, with some provisions taking effect in September 2022. On September 21...more

Littler

Ontario, Canada Court Awards Employee Longer Reasonable Notice Period Due to Pandemic’s Impact

Littler on

In Kraft v. Firepower Financial Corp., 2021 ONSC 4962 (Firepower Financial), an employee brought a motion for summary judgment seeking 10 months’ salary in lieu of notice, commissions and bonuses, and holiday and vacation pay...more

Littler

Ontario, Canada Court Awards Employee $25,000 in Moral/Aggravated Damages Because Employer Breached Duty of Good Faith and Fair...

Littler on

In Russell v. The Brick Warehouse LP, 2021 ONSC 4822 (The Brick Warehouse), on a motion for summary judgment in a wrongful dismissal action, the court awarded $25,000 in moral/aggravated damages because the employer breached...more

Littler

Ontario, Canada Court Reduces Reasonable Notice Period Due to the Employee’s Failure to Take Reasonable Steps to Mitigate Damages

Littler on

In a wrongful dismissal claim in Ontario, it is up to the employer to prove that employees failed to mitigate their damages and that had they taken reasonable steps to do so, they would have likely obtained equivalent or...more

Littler

Ontario, Canada Court Decides Exceptional Circumstances Exist to Justify Notice Period Exceeding 24 Months for a Long-term...

Littler on

In Currie v. Nylene Canada Inc., 2021 ONSC 1922, Ontario’s Superior Court held that “exceptional circumstances” existed to justify making an award that exceeded the 24-month “high end” amount of reasonable notice for...more

Littler

Ontario, Canada Superior Court Determines Employee Misconduct Did Not Justify Dismissal for Cause Without Notice

Littler on

In Czerniawski v. Corma Inc., 2021 ONSC 1514, the Ontario Superior Court of Justice concluded that a long-term employee’s misconduct did not justify dismissal for cause without notice. The court awarded 19 months’ common law...more

Littler

Ontario, Canada Superior Court Deems Employee's Pregnancy an Important Factor in Assessing Reasonable Notice Period for Dismissal

Littler on

In Nahum v. Honeycomb Hospitality Inc., 2021 ONSC 1455, the Ontario Superior Court determined that an employee’s pregnancy should impact the calculation of her reasonable notice period for dismissal.  The court awarded the...more

Littler

Ontario, Canada: Superior Court Considers Impact of COVID-19 on Employee’s Reasonable Notice Entitlement

Littler on

In a recent decision of the Ontario Superior Court of Justice, Iriotakis v. Peninsula Employment Services Limited, 2021 ONSC 998 (Peninsula Employment), the court considered factors unique to the COVID-19 pandemic in...more

Littler

Saskatchewan, Canada: Court Considers Effect of Re-hired Employee’s Voluntary Interruption in Employment on Calculation of...

Littler on

In Hetherington v Saskatchewan Liquor and Gaming Authority, 2020 SKQB 110, the Queen’s Bench for Saskatchewan considered the impact of an employee’s voluntary interruption of employment on her entitlement to common law...more

Miller Canfield

What Happens to an Employee’s Seniority after an Asset Sale?

Miller Canfield on

In the recent decision of Manthadi v Asco Manufacturing, 2020 ONCA 485 (“Manthadi”), the Ontario Court of Appeal has clarified that an employee’s past service with their former employer does not automatically transfer to a...more

Littler

Ontario, Canada Court Holds Employee’s Title Alone Insufficient to Characterize Job Position in Assessment of Reasonable Notice

Littler on

In George v. Laurentian Bank Securities Inc., 2020 ONSC 5415, one of the first decisions from Ontario’s Superior Court since the COVID-19 pandemic began, the court focused on an employee’s responsibilities rather than his...more

Fisher Phillips

Employers Take Notice: An Employee’s Entitlement to Benefits Doesn’t Necessarily End at Resignation

Fisher Phillips on

The Supreme Court of Canada recently awarded damages to a senior level executive in an amount equal to the bonus he would have earned had he continued working through to the end of his common law reasonable notice period. ...more

Littler

Ontario, Canada: Court Considers Employee’s Entitlement to Commissions “Booked and Billed” after Termination but During...

Littler on

A recent Ontario Superior Court decision, Kerner v. Information Builders (Canada) Inc., 2020 ONSC 2975, clarified whether an employee was entitled to commissions that were “booked and billed” after his job termination, but...more

55 Results
 / 
View per page
Page: of 3

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide