Ending an employment relationship is one of the most sensitive moments in business management. A poorly handled termination can damage morale, spark unnecessary disputes, or even escalate into costly litigation. Yet when done with clarity, structure, and respect, a termination can become a
Ontario Court Sides with Employer in Wrongful Dismissal and Employment Contract Dispute
A recent Ontario court decision reinforces the importance of having a well-drafted employment contract. In Bertsch v. Datastealth Inc., 2024 ONSC 5593, the Ontario Superior Court of Justice ruled that an employer’s termination clause limiting an employee’s severance to the minimum required under the
Following Waksdale v. Swegon North America: Court Invalidates Employment Contract Termination Clause
In another decision, the court has emphasized the enduring influence of the Waksdale v. Swegon North America Inc., 2020 ONCA 391 case on the enforceability of termination clause in employment contracts. The Court's ruling in De Castro v. Arista Homes Limited, 2025 ONCA 260 underscores the necessity
Employer Defence for Wrongful Dismissal Claims – A Successful Outcome
Wrongful Dismissal Claims in Ontario In recent years, Ontario courts have taken heavily scrutinized stance on termination clauses in employment contracts. As experienced employment lawyers helping provide employer defence for wrongful dismissal claims know from experience, judges have frequently
Common Mistakes Ontario Employers Make When Terminating Employees
Common Mistakes Ontario Employers Make When Terminating Employees Terminating an employee is never an easy task, but it’s important to handle it with care to avoid costly mistakes and legal trouble. In Ontario, the rules around termination are quite strict, and failing to follow them can lead to
Guidance for Ontario Employers for Drafting Employment Severance Packages
In a recent case, the courts have provided essential clarification for employers when it comes to drafting severance packages in wrongful dismissal cases, particularly concerning stock options and other entitlements. In a ruling involving an employee who signed settlement documents post-termination,
Employer’s Duty of Good Faith, including Providing Reasons for Employee Termination
In a recent case called Krmpotic v. Thunder Bay Electronics Limited, the Ontario Court of Appeal expanded on the long-standing principle that employers have a duty to perform honestly during an employee's termination. The ruling reinforced the idea that employers must act with transparency and
What Should an Employee Look for in a Severance Package?
Navigating a severance package, can be an overwhelming and emotional process for any employee in Ontario. Whether you are facing a temporary layoff, termination of employment, or some other form of employment separation, it is essential to understand what you should be looking for in a severance