All employment relationships in Ontario are deemed to be contractual, whether or not a written contract is in place between the parties. When there is no written contract, the common law (judge-made law) imports a number of obligations into the contract that will bind the employer and the employee.
Last Tuesday, over 100 businesses from across Ontario joined us and the employment law team from Stringer LLP to discuss pressing employment issues like avoiding occupational health and safety penalties, accommodating employees' family status, getting ready for the new Employment Standard, using employment contracts to protect your business, and the perils of employee benefits.
Non-competition and non-solicitation agreements are fairly common in employment contracts, but courts also commonly find them to be unenforceable due to unreasonable or unclear restrictions. When parties negotiate a restrictive covenant in the context of a transfer of a business, however, the rules are different, even where the seller of the business agrees to work for the buyer. The Supreme Court of Canada recently dealt with a case like this.