Common Law Notice Archives

Latest

February 25, 2026

For federal employers, the financial exposure of an invalid termination clause is significant and directly affects termination planning.

Ontario Court of Appeal – ESA Compliant Language Can Exclude Common Law Notice

June 23, 2025

Helpful guidance for employers: when properly drafted, unambiguous termination clauses prevent costly common law notice claims.

Ontario Court Confirms Repudiation of Employment Agreement Over Failure to Pay Statutory & Contractual Severance

April 21, 2025

A stark reminder that severance obligations under employment contracts must be respected. Failing to do so breaches contractual duties.

A Win for Employers: Ontario Court Upholds Termination Clause

January 14, 2025

Employers can protect themselves from significant liability by limiting termination entitlements to ESA minimums.

Another Termination Clause Unenforceable Due to Breach of Legislation
May 4, 2021
The Ontario Superior Court of Justice finds another termination clause unenforceable and invalid as it violates the Canada Labour Code.

Ignoring Workplace Harassment Proves Costly
May 29, 2019
The Ontario Superior Court of Justice case of Bassanese v. German Canadian News Company Limited et al., is a cautionary tale of the financial conseque Read More...

Big Notice Win for Long Term Employee
April 2, 2019
Many believe that common law notice is calculated based on 1 month for each completed year of service. While some employees are awarded notice that ap Read More...

When Working Notice Is Not Notice At All
December 23, 2016
The Ontario Superior Court of Justice's recent decision in Thambapillai v. Labrash Security Services Ltd. demonstrates, there are certain elements nec Read More...

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Executive Termination Settlement avoiding Litigation
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