Employers will be disappointed to hear the results of a recent decision in which the Ontario Court of Appeal declared the restrictive covenant in an employment contract, unenforceable. Read about this decision and tips to ensure your contracts are enforceable in our Latest Update.
Jeremy D. Schwartz / About Author
Related Posts
When a resignation isn’t really a resignation
How do you know when an employee has quit her job? It may seem like a simple question, but the…
24 Jan 2017
Does a COVID Leave Trigger Constructive Dismissal? Even Courts are Coming to Opposite Conclusions
By Jeremy Schwartz and Haadi Malik In April, the Ontario Superior Court of Justice ruled in Coutinho v Ocular Health Centre…
10 Jun 2021
Court of Appeal Finds Progressive Discipline Not Necessary in Just Cause Dismissal
Just cause is a difficult standard for employers to meet. In most cases, employees who are terminated from employment will…
14 May 2015
2015 Q2 StringerLLP HR Law Webinar, Segment 4: Enforceability of ESA Termination Provisions
Landon Young discusses recent case law on the enforceability of ESA termination provisions.
22 Jul 2015
Addiction without compulsion: no defence to serious misconduct using the “hybrid” approach
The law on addiction has evolved over the years in arbitral jurisprudence. Earlier decisions treated illness as a mitigating factor…
03 Mar 2017
Does Human Rights Legislation Apply to Job Ads on Facebook?
Technological advancements frequently outpace the law’s ability to respond to the challenges they create. With the click of a button,…
12 Apr 2019
Superior Court Confirms that Employers can Fundamentally Change Employment Contracts with Reasonable Notice
In Lancia v. Park Dentistry, the Ontario Superior Court confirmed that employers can change the fundamental terms of an employee’s employment,…
11 Jul 2018
Court of Appeal Protects Manager from Personal Liability on Employee Termination
A well-drafted contract protects not only the company but also its employees and senior personnel. In a recent decision, Richards v….
09 Jan 2013
Bad facts make bad law (for employers): Court recognizes new tort of harassment
The Ontario Superior Court recently recognized a new tort that would allow employees to sue their employers for harassment in…
14 Jun 2017
Continuing to Work Following Changes to Employment Not Considered Acceptance of Changes – Joe Morrison
Continuing to Work Following Changes to Employment Not Considered Acceptance of Changes – Joe Morrison
12 Apr 2011
Stress Claim Tsunami: New Approach to WSIB Stress Claims
Ryan Conlin and Jeremy Schwartz discuss a landmark WSIAT decision which held sections of the Workplace Safety and Insurance Act…
29 May 2014
Proposed Family Caregiver Leave goes through Second Reading
Bill 30, An Act to Amend the Employment Standards Act, 2000 in respect of family caregiver leave, went through its second…
27 Feb 2012
When is a lay-off actually a termination?
Employers in Ontario must be cautious before implementing “temporary” layoffs. Unless the employee and employer have a clear and valid…
14 Dec 2011
Employer Hit Hard for Discontinuing Disability Benefits Shortly After Termination
Employers who only provide the minimum amounts required by employment standards legislation after termination are gambling. Sometimes this approach can…
20 Oct 2011
Navigating the Attendance Management Minefield in the COVID era
On September 4, 2020, Ryan and Jeremy discussed the legal tightrope in terms of employee attendance management, that employers must…
04 Sep 2020