Contracts Archives - Page 2 of 5

Non-Competition Clauses – If There is No Evidence of a Breach, Then No Breach
June 27, 2013
In Eagle Professional Resources Inc. v. MacMullin, the Ontario Superior Court of Justice dismissed an action brought by the Employer claiming that for Read More...

Refusal to Work With President Results in Worker’s Repudiation of Contract
May 31, 2012
In Richards v. Rainy River Cattlemen’s Assn. the Ontario Court of Appeal upheld the Ontario Superior Court of Justice’s decision that a dependent Read More...

Termination Clause Unenforceable Due to Potential Breach of Statutory Minimums
May 8, 2012
Wright v. Young and Rubicam Group of Companies (Wunderman): a termination clause that is in breach of the statutory minimums is unenforceable and does Read More...

$465,000 Award Overturned by Court of Appeal in Non-Competition and Fiduciary Duty Case
April 9, 2012
The Ontario Court of Appeal decided in Veolia ES Industrial Services Inc. v. Brulé that the Employee did not breach the non-competition clause in his Read More...

Over $19 Million Award Against Employees Upheld By Court of Appeal
March 2, 2012
The Court of Appeal for Ontario upheld the Ontario Superior Court of Justice’s decision in GasTOPS Ltd. v. Forsyth (“GasTOPS”) awarding the Empl Read More...

Employer’s Claim of Frustration Becomes Frustrated: Award of 22 Months, Moral and Punitive Damages
September 27, 2011
In Altman v. Steve’s Music Store Inc. the Court rejected the employer’s defence of frustration of contract and awarded the employee 22 months noti Read More...

Employee’s Obligation to Mitigate May Be Removed Expressly or Implicitly
September 22, 2011
Does the obligation to mitigate still exist when an employee is terminated in accordance with an employment contract which provides for a certain amou Read More...

Employer’s Bad Conduct Costs Them Punitive Damages and Solicitor-Client Costs
August 11, 2011
Courts may award punitive damages when an employer’s behavior towards an employee was “high-handed, malicious and reprehensible”. The purpose of Read More...

International Charity (Not-for-Profit) Organization with Unionized and Non-Unionized employees
"Minken Employment Lawyers has assisted Canadian branch with grievances and labour issues, advising us with respect to our Collective Agreement, drafting employment contracts and advising with respect to ensuring the employment contracts will be upheld in Court, advising and strategizing with respect to terminations and exit packages, as well as various policies and practices relating to employee matters both locally and abroad.”