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 …

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

Minimum employment standards legislation in both Ontario and at the federal level in Canada requires that an employer provide employees with vacation pay on top of their total wages. As a result, when an employee takes vacation, their income should remain relatively consistent as they ought to receive vacation pay equivalent to their total average …

Vacation Pay for Investment Advisors Read More »

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 …

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

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) …

Laws for Commission Employees Ontario – Unpaid Commission Read More »

  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 …

What is Frustration of Contract? Frustration of Contract Ontario Read More »

We will discuss what happens when an investment advisor is dismissed with just cause. What is Just Cause? Employers have a right to terminate an employee without notice where they have “just cause” for the termination. When an employee is terminated for cause, they are not entitled to any severance or any remuneration of any …

Just Cause Termination and Investment Advisors Read More »

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 …

Severance for Investment Advisors Read More »

As businesses transition from a remote workforce towards a full-time return to the office, for the first time since the COVID-19 pandemic began, it is important that employees are familiar with their rights when it comes to behaviour in the workplace. In many cases, employees have never met face to face, or have not seen …

Inappropriate Behaviour in the Workplace – Ontario Laws Read More »

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 …

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

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 …

Notice of Termination Ontario – Know Your Rights Read More »