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Non-Compete Agreements › Canada

Non-Compete Agreements are contracts, typically formed in employment or business purchase contexts, where one party agrees to refrain from engaging in a particular line of work or pursuing business within a... more +
Non-Compete Agreements are contracts, typically formed in employment or business purchase contexts, where one party agrees to refrain from engaging in a particular line of work or pursuing business within a certain industry or locale. The purpose of these agreements is to protect employers or business purchasers from competition stemming from former employees or former owners of a business. less -
Bennett Jones LLP

More Legislative Changes on the Horizon for Ontario Employers

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On November 14, 2023, the Ontario government tabled Bill 149, Working for Workers Four Act, 2023 (Bill 149) which, as of the date of this blog, has been referred to the Standing Committee on Social Policy. If implemented as...more

Littler

25 Key Developments in Canadian Labour and Employment Law in 2022

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In 2022, Canada saw significant statutory and case law developments in labour and employment law, some of which related to COVID-19. This Insight provides an overview of key 2022 developments, with links to more detailed...more

Bennett Jones LLP

The High Cost of Cost Indemnification: A Warning

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A contractual indemnification can require the losing party in a lawsuit to pay the winning  party's full legal costs, the Alberta Court of Queen's Bench recently confirmed in Ruel v Rebonne, 2022 ABQB 486 [Ruel]. While courts...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

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

Ontario, Canada Appeal Court Decides Non-competition Clause in Employment Agreement Governed by Common Law is Unenforceable

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In M & P Drug Mart Inc. v. Norton, 2022 ONCA 398, the Court of Appeal for Ontario (OCA) dismissed an employer’s appeal of an application judge’s decision that a non-competition clause in an employment agreement governed by...more

Blake, Cassels & Graydon LLP

Opérations transfrontalières de capital-investissement : enjeux en matière de rémunération des hauts dirigeants et d’emploi

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Dans le contexte des opérations transfrontalières de capital-investissement, de nombreux enjeux propres au Canada se posent quant à la rémunération des hauts dirigeants et à l’emploi. Plusieurs de ces enjeux sont liés au...more

Stikeman Elliott LLP

Ontario Updates: Guidance on Disconnecting from Work Policies and the Prohibition of Non-Competes

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In December 2021, Bill 27, the Working for Workers Act, 2021 (“Bill 27”) received Royal Assent. We provided our summary and comments on Bill 27 on this blog, focusing in particular on the legislation’s prohibition of...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 ESA Guidance Includes New Chapters on Disconnecting from Work Policies and Non-competition Agreements

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On February 18, 2022, Ontario’s Your guide to the Employment Standards Act (Guide) was updated to include two new chapters that provide guidance on recent amendments to the Employment Standards Act, 2000 (ESA) that first...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

Fisher Phillips

New Year Brings Employee-Friendly Changes to Ontario’s Employment Standards Act

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The Ontario government recently made significant amendments to its workplace laws in an effort to create a more pro-worker employment model. Formally known as Bill 27: Working for Workers Act, 2021, it changes a series of...more

Stikeman Elliott LLP

Ontario Employers: Workplace Resolutions for 2022

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Throughout 2021, employers continued to grapple with the challenges posed by the COVID-19 pandemic. As a result, employers may not have been focused on workplace priorities unrelated to COVID-19. In the circumstances, we have...more

Blake, Cassels & Graydon LLP

L’Ontario adopte la Loi de 2021 visant à œuvrer pour les travailleurs et publie de nouvelles modifications

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Le 30 novembre 2021, le gouvernement de l’Ontario a adopté le projet de loi 27, Loi de 2021 visant à œuvrer pour les travailleurs (le « projet de loi 27 »), lequel devrait recevoir la sanction royale sous peu. Comme nous...more

Bennett Jones LLP

Ontario Bill 27: Working for Workers Act, 2021 is Now the Law

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As you may have heard or read in our earlier blog, Ontario Introduces Employee-Friendly Legislation Which Includes Prohibition on Non-Competes, the government introduced Bill 27: Working for Workers Act, 2021 in late October...more

Davies Ward Phillips & Vineberg LLP

Ontario Legislation Prohibits Non-Competition Provisions and Introduces Employees’ Right to Disconnect

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The Ontario government’s Bill 27, Working for Workers Act, 2021, received royal assent on December 2, 2021. The bill contains a broad range of amendments to the Employment Standards Act, 2000 (ESA), including non-competition...more

Littler

Ontario, Canada: Bill 27, Working for Workers Act, 2021 Receives Royal Assent

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On November 30, 2021, Ontario announced that it had passed Bill 27, Working for Workers Act, 2021 (Act). The Act received Royal Assent on December 2, 2021, and came into force on that day. Bill 27 requires employers to...more

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

Ontario’s Employment Laws: Several Significant Changes Coming Under Bill 27, the Working for Workers Act, 2021

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On November 30, 2021, the Government of Ontario passed Bill 27, the Working for Workers Act, 2021. Bill 27 amends a number of statutes, including the Employment Standards Act and the Occupational Health and Safety Act. ...more

Blake, Cassels & Graydon LLP

Ontario Government Passes Working for Workers’ Act, 2021 and Issues New Amendments

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On November 30, 2021, the Ontario government passed Bill 27, Working for Workers’ Act, 2021. Currently, the Bill is still awaiting Royal Assent, which is expected shortly....more

Blake, Cassels & Graydon LLP

Le gouvernement de l’Ontario propose le droit à la déconnexion et l’interdiction des clauses de non-concurrence

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Le gouvernement de l’Ontario a déposé un projet de loi qui pourrait avoir d’importantes répercussions auprès de bon nombre d’employeurs en Ontario s’il est adopté : le projet de loi 27, Loi de 2021 visant à œuvrer pour les...more

Faegre Drinker Biddle & Reath LLP

Possible Changes to Employment Law on the Horizon in Ontario

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On October 25, 2021, Ontario’s government introduced the Working for Workers Act, 2021 (the Act), which, if passed, would amend certain aspects of the Employment Standards Act, 2020 and other laws impacting employment...more

Blake, Cassels & Graydon LLP

Ontario Government Proposes Right to Disconnect and Prohibition of Employee Non-Competes

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The Ontario government has introduced new legislation that, if passed, will have significant implications for many Ontario employers. The first reading of Bill 27, Working for Workers’ Act, 2021 (the Bill), was released on...more

Littler

Ontario, Canada Introduces the Working for Workers Act, 2021

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On October 25, 2021, Ontario announced the introduction of Bill 27, Working for Workers Act, 2021 (Act) for First Reading. If passed, the Act would amend Ontario’s Employment Standards Act, 2000 (ESA) and other statutes in...more

Bennett Jones LLP

FCA Confirms that an Inducement is Taxable as a Restrictive Covenant Payment

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Pangaea One Acquisition Holdings XII S.À.R.L. v. The Queen, 2020 FCA 21 - The Federal Court of Appeal has upheld the decision of the Tax Court of Canada (2018 TCC 158, Smith J.), confirming that a payment made to induce a...more

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

Compass: Insights And Direction For Employers – Winter 2020

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With the start of a new year, in-house counsel and human resources professionals will want to be aware of what’s on the horizon for 2020 and beyond. It’s a good time for employers to take a breath and consider what issues...more

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