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summary judgment

By Stringer LLP | 3 Minutes Read June 10, 2016

Putting on the brakes: The limits of the common employer doctrine

One of the more deceptively complex questions in some cases can be: Who is the employer?

Article by Stringer LLP / Employee Relations, Employment Standards, Payroll, Union Relations / common employer doctrine, corporate vehicles, Directors and officers, employment law liability, holding companies, organizational charts, summary judgment, T4s and ROEs, wrongful dismissal

By McCarthy Tétrault LLP | 2 Minutes Read February 2, 2016

Severance limiting clauses CAN work especially in employment agreements

A recent Ontario Superior Court decision reinforces some basic principles previously discussed on this Blog (and unfortunately often missed or forgotten by employers). In Asgari v 975866 Ontario Ltd, a motion for summary judgment was decided in the Plaintiff’s favour. One issue was whether a clause, purporting to limit the Plaintiff’s pay in lieu of notice entitlements to the statutory minimum, was enforceable.

Article by McCarthy Tétrault LLP / Employee Relations, Employment Standards, Payroll / employee handbook, employment agreements, employment law, employment standards act, offer of employment, pay in lieu of notice entitlements, properly drafted severance clause, summary judgment, termination, terminations

By Vey Willetts LLP | 3 Minutes Read December 15, 2015

Terminated: (Summary) judgment day

When the T-1000 came from the future to destroy John Connor, Arnie made sure he was stopped in his tracks. While employers who have to date relied upon prohibitive time and costs to deter ex-employee claims might not face the wrath that Skynet did, given the recent decision of Cloutier v. Q Residential LP Corp (Cloutier), 2015 ONSC 4431 (CanLII), a rethinking of such approaches may be required.

Article by Vey Willetts LLP / Employee Relations, Employment Standards, Human Rights, Payroll / aggravated damages, constructive dismissal, dismissal cases, employment law, managerial employee, summary judgment, termination, terminations

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