Monkhouse Law

In a recent Ontario Superior Court decision, V. v. Wade and Company, the court ruled that employers cannot avoid meaningful examinations for discovery by relying on unusual corporate structures or technical titles. The decision confirms that courts will look at who actually controlled the company and the employee’s work, not simply who was listed as … Read more

In J.-M. D. v. The King, the Ontario Superior Court considered whether an employee could be forced into arbitration without proof they had agreed to arbitration provisions. The court refused to stay the employee’s lawsuit in favour of arbitration because the employer could not show that the employee had clearly agreed to be bound by … Read more

In L. v. Veeva Software Systems, Inc. and Veeva Systems Inc, the Ontario Superior Court of Justice confirmed that employees may be entitled to stock options and restricted stock units (RSUs) that vest during the reasonable notice period following termination. The decision is particularly relevant for employees whose compensation includes equity, which is common in … Read more

In Titus Steel Company Limited v. H., 2025 ONCA 693, the Ontario Court of Appeal confirmed that employees are not automatically treated as fiduciaries simply because they hold senior roles. A fiduciary is someone with a special legal duty to act in the employer’s best interests above their own. The decision is helpful for employees … Read more

This decision in M. Inc. v. V. Inc., 2025 ONSC 2226, explains what employees can and cannot do when leaving a job to join a competitor, particularly when it comes to taking company information and continuing to work with clients. What Happened A group of employees left a travel company to join a competitor over … Read more

An Ontario Court of Appeal decision in P. v. Cervus Equipment Corporation, 2024 ONCA 804, shows how settlement language can cost an employee compensation that had already been earned. In this case, the employee lost the right to recover approximately $76,000 in vested stock units after signing settlement documents to resolve a wrongful dismissal claim. … Read more

In S. v. GoSecure Inc., 2025 ONSC 0049, the Ontario Superior Court of Justice considered a situation many employees face: being terminated shortly after starting a new role. This decision is a helpful reminder that employees should not assume their severance is limited to the minimum standards under the Employment Standards Act, 2000. If an … Read more

In S. v. L. Golf Inc., 2024 CanLII 103671, an Ontario court awarded a seasonal employee five months of pay in lieu of notice despite only one month of service. This decision highlights an important point for employees: short service does not always mean short notice, especially where the role is specialized, and the timing … Read more

In Boyer v. Callidus Capital Corporation, 2025 ONCA 79, the Ontario Court of Appeal confirmed that employees who retire may still be entitled to compensation earned during their employment, including deferred bonuses, vested stock options, and accrued vacation pay. The employee, a senior executive, left his role after indicating he planned to retire. After his … Read more

An Ontario court awarded $15,000 in moral damages after finding that an employer handled an employee’s termination unfairly and failed to comply with the Employment Standards Act, 2000 (ESA). In T. v. Aurora Hotel Group, 2023 ONSC 1324, the court concluded that the employer’s conduct during and after the termination was misleading, insensitive, and contrary to … Read more