Non-Competition Clause and Injunctions: Beware What You Sign

Will the Ontario courts enforce a non-competition agreement and grant an injunction if the employee signs an agreement without legal advice? In one of the first cases released in 2014, the Ontario Superior Court of Justice has said yes.

Three Reasons to Have an Employment Lawyer Review an Employment Contract Before You Sign It

There are a number of reasons you may wish to have an employment contract reviewed by an Ontario employment lawyer before you sign on the dotted line. This post will look at the three most important reasons prospective employees should have employment contracts professionally reviewed.

Ontario Employment Law’s Top Five Cases – 2013 Edition

Ontario employment lawyers had another interesting year with a number of provocative and interesting decisions coming from this country’s courts and administrative tribunals.

Continuing a tradition started last year on the law blog for the suddenly unemployed, (see Top Five Cases of Importance to Ontario Employment Lawyers 2012) it’s time again for me to name the top five cases of importance to Ontario employment law… at least according to me.

SCC: Pension Benefits Cannot be Deducted from Wrongful Dismissal Damages

Are defined benefit pension benefits deductible from wrongful dismissal damages? According to a majority of the Supreme Court of Canada, the answer is no, they are not.

In its decision in IBM Canada Limited v. Waterman, 2013 SCC 70 (CanLII) seven of this county’s nine Supreme Court Justices (LeBel, Fish, Abella, Cromwell, Moldaver, Karakatsanis and Wagner JJ.) agreed that pension benefits are not properly deductible from wrongful dismissal damages. Justice Rothstein and Chief Justice McLachlin disagreed.

How Long Does an Employee Have to Sue for Unpaid Commission Payments?

How Long Does an Employee Have to Sue for Unpaid Commission Payments?

How long does an employee have to sue for unpaid commission payments in Ontario? Simple; two years. Two years from what date? That was the question that the Court of Appeal for Ontario was recently asked to resolve in the case of Ali v. O-Two Medical Technologies Inc., 2013 ONCA 733 (CanLII).