Latest Articles
The information contained below is not legal advice and is for informational purposes only.
Lose Your Job, Lose Your Equity? Ontario Court Confirms Restricted Stock Units Can Be Forfeited
In a recent decision, Wigdor v Facebook Canada Ltd, 2025 ONSC 4051, the Ontario Superior Court upheld the enforceability of restricted stock unit (“RSU”) agreements that provide for the forfeiture of unvested equity upon termination even during the statutory notice period under the Ontario Employment Standards Act, 2000 (“ESA”).
Telus Announces Over 150 Employees Must Relocate or Risk Termination
Telus Corp. recently announced that 150-200 Ontario call centre employees must relocate to Montreal, apply for another role, or agree to be laid off. This is in connection to a larger reorganization.
The workers are represented by the United Steelworkers Local 1944 union who are alleging the move is a mass “backdoor termination”….
Termination Provisions in an Employment Contract May Be Invalidated Based on the Actions of the Employer
A case from the British Columbia Supreme Court, Klyn v. Pentax Canada Inc., 2024 BCSC 372, has reaffirmed the principle that bad faith conduct on the part of the employer may invalidate the termination provisions in an employee’s contract of employment.
Exceptional Circumstances lead to Wrongful Dismissal Award of 27 Months
In Milwid v. IBM Canada Ltd. the Ontario Court of Appeal upheld a decision in which an employee was awarded 27 months’ notice for wrongful dismissal. This is a notable decision, as the Court confirmed that exceptional circumstances justified an award greater than the usual cap of 24 months. ….
Audio Recording Persuades Ontario Superior Court to Award Moral Damages to a Wrongfully Terminated Employee
In Teljeur v. Aurora Hotel Group 2023 ONSC 1324 the Ontario Superior Court of Justice awarded $15,000 in moral damages to the Plaintiff, John Teljeur, in addition to 7 months’ pay for wrongful dismissal. The award of moral damages was largely thanks to the contents of an audio recording made by the Plaintiff during his termination meeting with his employer (the Defendants)……
US National Labour Board on Non-Disclosure Agreements: Implications for Canada
Severance negotiations are commonplace when an employee is let go from their employment. When a deal is struck, the signing of a non-disclosure agreement (“NDA”) is typical. NDAs can be a standalone agreement but it is not unusual to find them built into general releases in favour of the employer. Releases …
Ontario Court of Appeal: Bonus Should be Included as Part of Contractual Severance Package
In Nader v. University Health Network, 2022 ONCA 856, the Ontario Court of Appeal found that the plaintiff’s employment contract was sufficiently ambiguous that he would also be entitled to his bonus as part of his contractual termination package. …
Enforceability of Termination Provisions: Rahman Overturned
In early 2021, the Supreme Court of Canada denied leave to appeal the Ontario Court of Appeal decision in Swegon North America Inc. v. Waksdale, 2020 ONCA 391 (“Waksdale”). The Waksdale decision marked a significant shift in the enforceability of termination provisions in employment contracts. We previously wrote about these developments, and the article …
Common Employer Liability: Who Is The Employer When Multiple Companies Are Involved?
Leave To Appeal Waksdale Decision Denied By The Supreme Court
I Was Induced To Leave A Secure Job. Am I Entitled To Compensation?
Ambiguity In Stock Options, Restricted Share Unit Plans: Latest From Court Of Appeal
What Happens To My Pension If I Have Been Terminated?
