Canada: Unfair/ Wrongful Dismissal

A financial planner's wrongful dismissal case against RBC resulted in over $2.5 million in damages after the bank filed an inaccurate termination notice that destroyed her career prospects. The Ontario Superior Court found the bank's conduct vindictive and its allegations of cause unproven, raising critical questions about employer obligations when reporting terminations in the investment industry.

The Ontario Court of Appeal has issued a significant ruling on how Restricted Stock Units must be treated during termination notice periods under employment law. This decision addresses whether RSUs continue to vest when an employee is terminated, both under statutory notice periods prescribed by the Employment Standards Act and under common law notice periods when contractual termination provisions are unenforceable.

The Ontario Court of Appeal has ruled that employees are entitled to continued vesting of RSUs and equity-based compensation during the statutory notice period, striking down forfeiture provisions that attempt to end vesting immediately upon termination. In a landmark decision awarding Dr. Wigdor nearly US$4.7 million in unvested RSUs, the Court clarified that equity compensation constitutes a "term or condition of employment" protected under the Employment Standards Act. What does this mean for employers w

Le Tribunal administratif du travail examine une situation où une salariée démissionne durant un préavis de neuf mois donné par son employeur, alléguant un congédiement déguisé.

Recent Quebec Superior Court decisions have highlighted a critical drafting risk: non-competition clauses in shareholder agreements may be deemed entirely unenforceable if their start date cannot be established with certainty. Companies risk losing protection against departing shareholders when ambiguity exists regarding when the non-compete obligation begins, even in commercial contexts where courts typically apply less stringent standards.

The Ontario Court of Appeal's decision in Wigdor v. Facebook Canada Ltd. awarded a former employee over US$4.7 million in Restricted Share Units, establishing that such benefits must continue vesting during statutory notice periods. This landmark ruling emphasizes the critical importance of statutory compliance in employment agreements, particularly following business acquisitions, and clarifies that forfeiture provisions cannot override employees' rights to contractual benefits during notice periods.

The Ontario Court of Appeal has issued a landmark ruling clarifying how commonly used termination clause language should be interpreted under employment law. The decision addresses whether phrases like...

The Ontario Court of Appeal has issued a landmark ruling that clarifies the interpretation of employment termination clauses, rejecting overly technical challenges and restoring predictability for employers. In two consolidated appeals, the court upheld termination provisions that had been subject to conflicting lower court decisions, establishing key principles about contextual interpretation, savings clauses, and common contractual language. This decision marks a significant shift away from the "gotcha" p

Explore the latest developments in Canadian employment and labour law, including court decisions on cross-border disputes, wrongful dismissal damages, non-compete clauses, and emerging AI regulations. Stay informed about critical changes affecting employers across federal and provincial jurisdictions.