Locked Out and Out-of-Luck: The Impact of Ransomware on SMEs

Recent high-profile data breaches have emphasized the importance of protecting client, company, and personal information by governments and businesses.

Mitigation Income: What’s In and What’s Out?

Under the common law, an employee who is terminated without cause is entitled to reasonable notice of termination, or pay in lieu thereof. That entitlement is not free of conditions.

August 10, 2017

Working Notice not Appropriate for Employees on Medical Leaves of...

A recent decision of the Ontario Superior Court, McLeod v 1274458 Ontario Inc., 2017 ONSC 4073, confirms that working notice does not apply where an employee is unable to work due to a medical leave of absence.

November 9, 2016

Termination Clauses: Nova Scotia Supreme Court Weighs In

In recent years, there have been many decisions on the enforceability and interpretation of termination clauses in employment contracts – which employers and their legal counsel read with both interest and apprehension.

September 9, 2016

Terminated Employee Entitled to Bonus Payments

An employee in Ontario was awarded bonus payments for the applicable reasonable notice period following a without cause termination despite the bonus plan’s express terms that personal and company objectives must be met and the employee must be actively employed.

May 20, 2016

Employer Liable for Remainder of Fixed Term Employment Contract

A new decision from the Ontario Court of Appeal shows the potential downside of fixed term employment contracts for employers and the importance of proper drafting.

May 13, 2016

Beware of the One Month Per Year of Service “Rule”:...

There is no shortage of cases which confirm the perils of assuming that an employer’s liability for reasonable notice of termination will be capped at one month per year of employment.

March 4, 2016

NB Judge Confirms Severance Payment Information Must Be Protected From...

In a decision issued February 29, 2016, Justice Morrison of the NB Court of Queen’s Bench, dismissed an appeal which would have otherwise compelled a University to disclose severance payment information, which was expressly shielded by a confidentiality clause.

February 18, 2016

Beware of the One Month Per Year of Service “Rule”:...

There continues to be a seemingly never-ending stream of cases which confirm the perils of assuming that an employer’s liability for reasonable notice of termination will be capped at one month per year of employment.

February 5, 2016

Can’t Afford to Keep Them, Can’t Afford to Fire Them:...

Employee salaries and benefits can be some of the greatest costs borne by a business. As a result, when a company faces financial hardship, they will often terminate positions to reduce their costs.