Employees sometimes worry that accepting a job with a competitor or starting their own business could lead to legal action from their former employer. In LivingArt Kitchens Inc. v. M., 2024 ONSC 3088, the Ontario Superior Court refused to grant a broad injunction that would have significantly restricted several former workers from continuing to work … Read more
When an employer terminates an employee for cause based on complaints from co-workers, does the employee have the right to know who made those complaints and exactly what was said? In J. v. The Toronto-Dominion Bank, 2024 ONSC 3853, the Ontario Superior Court of Justice confirmed that, in wrongful dismissal litigation, the answer may be … Read more
Ontario courts recognize that employees experiencing depression, anxiety, or other mental health challenges after a wrongful dismissal may be temporarily unable to search for new work. During this recovery period, an employee may not be required to mitigate their damages by immediately beginning a job search. But what happens when an employee claims that their … Read more
In K. v. Toronto Transit Commission, 2024 ONSC 3986, the Ontario Superior Court of Justice allowed an employee to add a claim for human rights damages to his wrongful dismissal lawsuit, even though the limitation period had already expired. The decision reinforces an important principle of fairness: employees should not lose the ability to pursue … Read more
In B. v. Van Dolder’s Home Team Inc., 2025 ONSC 952, the Ontario Superior Court found that a termination clause was unenforceable because it suggested that the employer could terminate employment “at any time,” even though the Employment Standards Act (ESA) places important limits on when an employee can legally be dismissed. The decision is … Read more
In B. v. Salesforce.com, 2025 ONSC 2580, the Ontario Superior Court of Justice confirmed that “at-will” employment clauses commonly used in the United States are generally unenforceable in Canada. The decision is particularly important for employees of multinational companies that use standardized employment agreements across different countries. It also highlights an important lesson for employees pursuing … Read more
In S. v. Ontario Research and Innovation Network, 2025 ONSC 1839, the Ontario Superior Court of Justice considered whether an employee was entitled to unpaid commissions after his employment ended. The court found that a draft commission plan circulated by the employer was not binding. However, the employee was still entitled to commissions based on … Read more
The Ontario Court of Appeal has once again confirmed that termination clauses in employment contracts must strictly comply with the Employment Standards Act, 2000 (ESA). In D. v. Arista Homes Limited, 2025 ONCA 260, the court found that a termination clause was unenforceable because it allowed the employer to terminate employment in circumstances that did … Read more
In C. v. Township of Ignace, 2025 ONSC 2506, the Ontario Superior Court refused an employer’s request to postpone a wrongful dismissal trial while the employer pursued a potential appeal to the Supreme Court of Canada in a related employment law case. The decision is an important reminder that employees are generally entitled to have … Read more
In M. v. A.C.I., 2025 ONSC 1028, the Ontario Superior Court awarded a dismissed employee 14 months’ reasonable notice after only seven months of employment. The decision is an important reminder that employees who are recruited away from stable, long-term jobs may still be entitled to significant severance if they are terminated shortly after accepting … Read more