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Serious insight for serious situations.

Serious insight for serious situations.

Are your restrictive covenants enforceable?

It is no secret that Canadian courts have a strong aversion to restrictive covenants in the employment context.  The common law presumption has long been that such obligations are restraints on trade, and are therefore prima facie unenforceable unless they are reasonable between the parties and with reference to the public interest. Courts generally consider

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Ontario court potentially expands the actionable duty of good faith to workplace investigations

In recent years, there has been a growing incidence of legal disputes involving inadequate workplace investigations.  While these disputes often involve an employer’s failure to comply with prescribed statutory duties (e.g. as per the Occupational Health and Safety Act, the Ontario Human Rights Code, etc.), courts have equally demonstrated an increased willingness to impose upon

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Blog with a Dog (and the Ontario Human Rights Tribunal)

We hope that most employers are familiar with their substantive obligations under the Ontario Human Rights Code (the “OHRC”). However, I have found that employers can overlook a “hidden” provision in the OHRC which imposes liability on them not only for the discriminatory actions of their controlling minds and/or senior employees, but also for those

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Revisiting unilateral amendments to employment contracts and policies

In the modern business world, employers are required to stay current and adapt to ever-changing legal and economic demands.  As part of the survival process, employers are often tasked with updating work-related documents.  However, there are legal repercussions associated with unilateral amendments to pre-existing employment contracts and policies which employers must be cognizant of. The

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Does an employer’s financial health affect the termination entitlements of employees? The Ontario Court of Appeal officially signs the divorce papers

Corporate restructuring has become a business reality in our volatile global economy. Just last week, Maple Leaf Foods announced its plan to cut more than 400 jobs across the country in a move to redirect resources and remain cost competitive. Other large organizations, including Bell Media and Enbridge, have recently announced similar restructuring plans that

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The Riskie business of modifying employment contracts – Ontario court upholds the validity of a fixed-term agreement purporting to modify an indefinite employment relationship

The “Fresh Consideration” Doctrine The need for “fresh consideration” has long been a fundamental requirement to the enforceability of contracts. More specifically, in the absence of exceptional circumstances, an existing obligation or duty to perform cannot be used as valid consideration for the creation of a new contract. The legal doctrine of “fresh consideration” is

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