First Reference Talks

Discussions on Human Resources, Employment Law, Payroll and Internal Controls

fiduciary duty

By | 3 Minutes Read

Refusal to enforce non-solicitation clause

Employers want to protect their proprietary interest in maintaining client relationships within reason but need to be careful not to overreach when drafting a non-solicitation clause. These clauses are particularly important for sales employees.

By | 4 Minutes Read

B.C. benefit corporation update

We previously reported on how British Columbia may become the first jurisdiction in Canada to permit benefit corporations. A private member’s bill (Bill M 216) on benefit corporations was introduced in the 2018 Legislative Session and passed second reading, which is rare for a private member’s bill.

By | 3 Minutes Read

“Keep your hands clean”: Ontario Superior Court rules that an unfairly terminated fiduciary may owe a lesser degree of post-employment fiduciary duties

Recently, in the case of Palumbo v. Quercia 2018 ONSC 503, the Ontario Superior Court of Justice ruled that the restrictions on soliciting clients of a corporation will not be as strict for an unfairly terminated fiduciary.

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