employee shareholder

OCA distinguishes employee rights v shareholder rights

August 26, 2019 Barry B. Fisher LL.B. Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll, 0

In Mikelsteins v Morrison Herschfield Ltd. (2019 ONCA 515) the Court of Appeal revised a trial decision where an executive was given 26 months notice. The Plaintiff, in addition to his salary, was a shareholder in this private company and as such received dividends from time to time.

employee shareholder, employee shares, employment law, shareholders’ agreement, termination

Unexpected risks of stock option plans

October 27, 2011 Earl Altman Payroll, Pensions and Benefits, Wages and Compensation

Stock options and stock grants have become normal and expected elements of executive compensation in Canada. Stock options are generally granted to executive employees as a means of creating a common purpose or goal between senior employees and the company. The valuation of these options, and the employee’s entitlement to exercise them, has been an issue in many wrongful dismissal actions.

Corporations Act, employee shareholder, executive compensation, financial information, lawful termination, lump sum severance, oppression action, period of notice, securities act, severance, stock grants, stock option plan, stock options, termination, termination notice, vesting of stock options

Superior court refuses employer’s request for injunction

July 6, 2010 Earl Altman Employment/Labour Standards, Human Resources

In yet another example of the reluctance of the Ontario Superior Court to restrict competitive activities of former employees, the Court rejected an employer’s request for an injunction…

common law, competitive activities of former employees, confidentiality, employee shareholder, employment contract, employment law, employment standards, irreparable harm, non-competition, non-solicitation, ontario, restrictive covenant, restrictive covenants, shareholder agreement, solicitating employer customers, termination