Working For a Competitor – What To Do If You’re In Ontario

Working for a competitor is a topic that has become increasingly predominant. Many employees continually seek or may be presented with alternative employment opportunities, often with competitors. Ontario has recently banned non-competes for non-executive employees, however, it is useful to carefully consider the specifics of the employment agreement prior to deciding to work for a …

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Three months’ notice awarded for short-service employee: Aggressive litigation tactics condemned

In Gracias v. Dr. David Walt Dentistry 2022 ONSC 2967, the Ontario Superior Court rendered a summary judgment decision regarding a wrongful dismissal action. The plaintiff, Sonia Gracias, was employed with Dr. David Walt Dentistry for a period of approximately six months as a dental hygienist, when she was terminated without cause on March 15, 2020. She …

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Laws for Commission Employees Ontario – Unpaid Commission

Commission is compensation that is earned based on job performance. Those who are in a commission-based role often agree to be compensated a certain amount of money or percentage dependent on hitting a target.  Many employers have a Commission Agreement that outlines the targets and how employees will be compensated. The Employment Standards Act (ESA) …

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What is Frustration of Contract? Frustration of Contract Ontario

  Frustration of contract occurs when an employment relationship ends due to circumstances outside of control of either party and “there is no reasonable likelihood of the employee being able to return to work within a reasonable time.” As a result, the performance of the contract has been rendered impossible. This may occur when an …

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Severance for Investment Advisors

Rights for Terminated Investment Advisors Investment advisors who are terminated without cause are entitled to notice as set out in their employment contract, or if there is no such contractual notice, to “reasonable” notice. “Severance” is the pay individuals get instead of notice. It is the money an ex-employee receives in place of continued paychecks …

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The Dangers of Threatening to Sue a Plaintiff for their Witness Testimony in Canada

Jonathan Denis, the former Justice Minister for the province of Alberta has been found guilty of criminal contempt of court after threatening to sue a plaintiff nearing the end of her testimony in a wrongful termination suit. Denis’ case was recently featured on CTV News.  During the trial, Denis sent a letter to Dr. Sauvageau …

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Notice of Termination Ontario – Know Your Rights

If you have been terminated in Ontario, you have rights and entitlements upon termination. Employers must provide a notice of termination or payment in lieu of notice. The time between receipt of notice and your effective termination date is commonly referred to as your notice period.  Your notice period will vary depending on your specific …

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