Court Reduces Notice Period, Employee Should Have Known Better
The Ontario Superior Court of Justice recently reduced the notice period awarded to a wrongfully terminated employee for his failure to properly read his contract before signing on the dotted line. In Miller v. A.B.M. Canada Inc., the plaintiff’s job involved staying abreast of employment standards legislation, and he had previous experience in human relations. As such, the court found that he had some responsibility for ensuring the employment agreement was valid prior to signing, which it was not, and reduced the notice awarded. The plaintiff, Miller, was employed as the Director, Finance and Business Process Improvement of the defendant ... [more] Full article
Pension Benefits Do Not Replace Wages Owed, Supreme Court Rules
An employee’s pension payments should not be deducted from damages otherwise payable for wrongful dismissal, the Supreme Court ruled recently. Pension benefits are not intended to indemnify wage loss due ... [more] Full article
Crane Rental Operater Hoisted by Restrictive Covenants
Non-compete and non-solicit clauses are presumptively valid when connected to an agreement for purchase and sale of a business, the Supreme Court confirmed recently. While such sales may also give ... [more] Full article
Non-solicitation clause with teeth: dental centre successful at Court of Appeal
The Court of Appeal for Ontario has upheld the enforcement of a non-solicitation clause in an agreement between a dentist and a dental clinic in its recent decision in Smilecorp Inc. v. Daniel Pesin, 2012 ONCA 853. [more] Full article