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Ontario Court of Appeal Confirms RSU Forfeiture Provisions May Violate the ESA

Ontario Court of Appeal Confirms RSU Forfeiture Provisions May Violate the ESA

The Ontario Court of Appeal's decision in Wigdor v Facebook Canada Ltd., 2026 ONCA 572 is an important reminder that equity compensation arrangements must comply with the Employment Standards Act, 2000 ("ESA"). The Court of Appeal held that provisions preventing restricted stock units ("RSUs") from vesting during the statutory notice period violated the ESA and were therefore unenforceable.

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Khatib v. GoEasy Ltd.: A Good News, Bad News Case for Employers

Khatib v. GoEasy Ltd.: A Good News, Bad News Case for Employers

The Ontario Court of Appeal’s decision in Williamson v. Brandt Tractor Inc., 2026 ONCA 272, is a familiar wrongful dismissal dispute, but one that highlights issues employers and employees continue to face: the high threshold for just cause, what mitigation truly requires, and how courts treat post‑termination earnings.

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