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Canada Hiring & Firing Employment Contract

Littler

Ontario, Canada Appeal Court Confirms Employment Contract Frustrated by Employee’s Refusal to Comply With COVID-19 Vaccination...

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In Croke v. VuPoint System Ltd., 2024 ONCA 354, the Court of Appeal for Ontario (OCA) upheld the Superior Court of Justice – Ontario (SCJ)’s summary judgment decision that an employee’s refusal to comply with their employer’s...more

Littler

British Columbia, Canada Court of Appeal Affirms Enforceability of Termination Clause That Incorporated by Reference Notice and...

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In Egan v. Harbour Air Seaplanes LLP, 2024 BCCA 222, the British Columbia Court of Appeal (BCCA) upheld a lower court’s decision that a termination clause in an employment agreement was enforceable because it was neither...more

Stikeman Elliott LLP

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

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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

Ius Laboris

Canadian court upholds termination of unvaccinated worker

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The Ontario Court of Appeal recently held that an employee’s failure to meet COVID-19 vaccination requirements imposed by a third party amounted to frustration of the employment contract. As a result, there was no obligation...more

Littler

Ontario, Canada Appeal Court Affirms That Invalid Termination Clause Does Not Invalidate Fixed-Term Clause

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In Kopyl v. Losani Homes, 2024 ONCA 199, the Court of Appeal for Ontario (OCA) affirmed the lower court’s finding that an invalid without-cause termination clause in an employee’s employment agreement does not invalidate a...more

Littler

British Columbia, Canada Appeal Court Rejects Employer’s Frustration Defence in Circumstances Connected to COVID-19

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In Aldergrove Duty Free Shop Ltd. v. MacCallum, 2024 BCCA 28, the Court of Appeal for British Columbia (BCCA) dismissed an employer’s appeal when it agreed with the lower court that the employer could not use the frustration...more

Littler

Ontario, Canada Court Finds Termination Clauses in Fixed-Term Employment Agreement Unenforceable

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In Dufault v. The Corporation of the Township of Ignace, 2024 ONSC 1029, the Ontario Superior Court of Justice held that the termination provisions of a fixed-term employment contract were illegal and unenforceable because...more

Littler

Alberta, Canada Court Holds Placing Employee on Unpaid Leave for Failure to Comply with Mandatory COVID-19 Vaccination Policy is...

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In Van Hee v Glenmore Inn Holdings Ltd., 2023 ABCJ 244 (Glenmore), the Alberta Court of Justice found that an employer’s mandatory vaccination policy was a reasonable, justified and lawful response to the extraordinary...more

Bennett Jones LLP

Changes to Ontario's Employment-Related Legislation Have Arrived

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As you may have heard or read in our earlier blog, More Changes to Ontario's Employment-Related Legislation Are on the Horizon, the Ontario government introduced Bill 79, Working for Workers Act, 2023 in late March 2023. On...more

Bennett Jones LLP

Employment Standards Act to Require Licensing of Temporary Help Agencies: The New Regime at a Glance

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As of January 1, 2024, the Employment Standards Act will require temporary help agencies to be licensed by the Ministry of Labour in order to operate. The Ontario government previously amended the Employment Standards Act in...more

Stikeman Elliott LLP

Fixed in Stone - Fixed Term Remains Secure Despite Invalid Termination Clause

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The Ontario Superior Court of Justice recently released its decision in Kopyl v Losani Homes (not yet cited) (the “Decision”), providing insight into the enforceability of fixed terms in employment agreements in circumstances...more

Littler

British Columbia Court Finds Termination Clause Enforceable Because it Complied with Statutory Individual Notice Provisions

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In Forbes v. Glenmore Printing Ltd., 2023 BCSC 25, the Supreme Court of British Columbia (BC) disagreed with the employee’s argument that the termination clause in his employment agreement was invalid because it required the...more

Littler

Ontario, Canada Court Finds Employment Contract Frustrated by Employee’s Refusal to Become Vaccinated Against COVID-19

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In Croke v. VuPoint Systems Ltd., 2023 ONSC 1234, Ontario’s Superior Court of Justice decided that an employee’s refusal to comply with mandatory COVID-19 vaccination requirements resulted in the frustration of the parties’...more

Stikeman Elliott LLP

“Fixing” the Term of Employment: Fixed-Term Agreement defends against Wrongful Dismissal Claim

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In the recent Steele v. The Corporation of the City of Barrie, 2022 ONSC 7245 decision (“Steele”), the Ontario Superior Court of Justice provided some insight into when longer term fixed-term contracts can be enforceable....more

Littler

Canada’s Competition Bureau Publishes Draft Guidelines for Enforcement of New “Wage-Fixing Agreement” and “No-poach Agreement”...

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When Bill C-19, Budget Implementation Act, 2022, No. 1 received Royal Assent in June 2022, it amended Canada’s Competition Act (Act) by including a new provision, s. 45(1.1), which comes into force on June 23, 2023.  Section...more

Bennett Jones LLP

Demise of the Restricted Covenant?

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Recent amendments to the Employment Standards Act, 2000 (Ontario) and the Competition Act (Canada) may be sounding the death knell for certain restricted covenants in Ontario—both non-competition covenants given by employees,...more

Stikeman Elliott LLP

An Oppressive Outcome: Alberta Court Finds Directors Responsible for Severance Obligations

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The recent decision of the Alberta Court of Queen’s Bench, Wisser v CEM International Management Consultants Ltd., 2022 ABQB 414, determined that the oppression remedy under the Alberta Business Corporations Act (“ABCA”),...more

Littler

Ontario, Canada Court Decides Employment Contract’s Unenforceable Confidentiality and Conflict-of-Interest Clauses Invalidated All...

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Two years ago in Waksdale v. Swegon North America Inc., 2020 ONCA 391,  the Ontario Court of Appeal established the proper method for determining whether a termination clause in an employment agreement is enforceable. ...more

Bennett Jones LLP

Why Ontario Employers Should Review Employment Contracts Now

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Key Highlights - - Employers likely need to update terms in employment contracts on termination provisions, restrictive covenants and arbitration clauses. - Five practical tips for Ontario employers as they review and...more

Littler

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

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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

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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

Bennett Jones LLP

Ontario Superior Court on the Enforceability of Termination Provisions in Employment Agreements

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A Question of Mixed Fact and Law - In a decision for which leave to appeal was denied by the Divisional Court, the Ontario Superior Court of Justice recently confirmed that a Rule 21 motion, seeking a determination of a...more

Littler

Ontario, Canada Court Concludes Secondment Agreement Was Not a Fixed-term Employment Agreement

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In Nader v. University Health Network, 2022 ONSC 447, the court examined the language of a secondment agreement and concluded that the plaintiff-employee was not a fixed-term employee of the organization to which he was...more

Bennett Jones LLP

New Guidance on Ontario's Disconnect from Work Policy and Ban on Non-Competes

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As we discussed in our previous blog, Ontario Bill 27: Working for Workers Act, 2021 is Now the Law, the Ontario government amended the Employment Standards Act, 2000 (the ESA) on December 2, 2021 to include a prohibition on...more

Littler

Ontario, Canada Court Confirms Working for Workers Act, 2021 Does Not Void Non-compete Agreements Entered into Prior to October...

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Ontario’s Bill 27, Working for Workers Act, 2021 (Act), became law on December 2, 2021. Among other things, the Act amends the Employment Standards Act, 2000 to prohibit employers and prospective employers from entering into...more

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