Blog
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.
Finally, a practical and common-sense approach to termination clause interpretation
In a significant win for employers, the Ontario Court of Appeal has upheld the enforceability of termination clauses in Baker v. Van Dolder's Home Team Inc.; Li v. Wayfair Canada ULC. 2026 ONCA 568, rejecting the increasingly technical approach that has dominated termination clause litigation in recent years. Both of these cases came before the Court of Appeal to seek judicial determination, in part, on whether the phrases “at any time” or “for any reason” invalidated a termination clause.
A Familiar Dispute with a Clear Message on Just Cause and Mitigation
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.
Ontario Court of Appeal Clarifies When Employers Own Employee‑Created Copyright
Employers may wish to review their employment agreements, job descriptions, and IP protection strategies to ensure they are aligned with current legal expectations.
Court of Appeal Sends Expensive Message to Employer For Termination Post-Medical Leave
The recent decision of Krmpotic v. Thunder Bay Electronics Limited, 2024 ONCA 332, involves an employee with 30 years of service that was terminated the day he returned from a medical leave following back surgery.
Refusal to Vaccinate Can Lead to Frustration of Contract
In Croke v. VuPoint System Ltd., 2024 ONCA 354, the Ontario Court of Appeal upheld a lower court ruling dismissing a wrongful dismissal claim by an employee who was terminated after refusing to comply with a vaccination policy.
Employers Beware: Revisions to Hiring Policies May Be Needed
In the recent decision of Imperial Oil Limited v Haseeb, 2023 ONCA 364, the Ontario Court of Appeal restored the Ontario Human Rights Tribunal decision which found that Imperial Oil had discriminated against Muhammad Haseeb (“Haseeb”) by requiring proof of Canadian Citizenship/Permanent Residency as a condition of employment.
Single Act of Sexual Misconduct Cause for Termination (But Not Willful Misconduct)
In the recent decision of Render v ThyssenKrupp Elevator (Canada) Limited, 2022 ONCA 310, the Ontario Court of Appeal upheld the decision to terminate a manager for cause for a single act of sexual misconduct.