Notice Requirements, Canada, Contract Terms

Ontario, Canada Court Finds Employer Repudiated Employment Agreement When it Failed to Pay Employee’s Contractual Severance

Littler on 2/21/2025

In Timmins v. Artisan Cells, 2025 CanLII 2387, Ontario’s Superior Court of Justice found, in an undefended claim, that the employers “by their correspondence and actions” repudiated the employee’s employment agreement when...more

Employment Termination Clauses: Lessons From Singh v Clark Builders

Bennett Jones LLP on 2/19/2025

In a recent decision, the Court of King’s Bench of Alberta upheld a freely negotiated termination clause with a sophisticated employee despite evolution to the employee’s role over the term of employment. The employee’s...more

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

Stikeman Elliott LLP on 6/24/2022

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

Ontario, Canada: Calculation of Reasonable Notice Period When a Contractor Becomes an Employee

Littler on 2/26/2020

Cormier v. 1772887 Ontario Limited (St. Joseph Communications) (“St. Joseph”), 2019 ONCA 965, is an appeal from a summary judgment motion arising from the wrongful dismissal claim of a contractor who worked for St. Joseph for...more

Termination Clauses in Ontario - Precise Language Can Help Limit Employers’ Liability

Ogletree, Deakins, Nash, Smoak & Stewart,... on 1/29/2020

In Canada, if an employer wishes to terminate an employee without cause, it must provide notice or pay in lieu thereof. In other words, unlike in the United States, Canada does not have employment at-will....more

Prompt Payment for Construction in Ontario

Bennett Jones LLP on 10/4/2019

Prompt payment arrived for Ontario's construction industry October 1, 2019. The final stage of implementation of the changes introduced the Construction Lien Amendment Act, 2017, came into force on October 1, 2019. Subject to...more