I recently participated in a Q&A session where the audience was given the chance to present tricky HR related scenarios to the panel. One of the questions related to a situation where an employer had received a medical note from
Rudner Law
At Rudner Law, we recognize that the employment relationship is an interpersonal one, not unlike a marriage. That is true whether we are talking about a multi-national corporation, an owner-operated startup, a family business or a not-for-profit organization. And interpersonal relationships are complicated. We are talking about your livelihood, your business, and the place where you spend most of your day. You want to be sure that you understand your rights and obligations. That’s where we come in.
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How Courts Calculate Equity Damages After Dismissal
By David Gelles
Equity compensation, whether stock options, restricted stock units (“RSUs”), or share awards, is a potentially lucrative component of an employee’s compensation package. When an employee is wrongfully dismissed, losing out on unvested equity can translate to hundreds of thousands or…
Webinar: Drafting Enforceable Termination Clauses
Termination clauses are among the most important, and most litigated, provisions in an employment agreement. A clause that does not comply with employment standards legislation may be unenforceable, potentially exposing an employer to common-law reasonable notice obligations and significant unanticipated…
Case Law Update: Substance Over Form – Temporary Layoff Clauses are Not Termination Clauses
In the world of Ontario employment law, the enforceability of termination clauses has become a primary battleground. Ever since the landmark decision in Waksdale v. Swegon North America Inc.1, employers have had to grapple with the fact that a…
If I Win, Do I Get My Legal Costs? Understanding Costs in Ontario Litigation
By Alex Minkin
One of the first questions clients often ask when considering litigation is: “If I win, will the other side have to pay my legal fees?”
The short answer is sometimes, but rarely all your legal fees.
In the Ontario Superior…
Case Law Update: Ontario Court of Appeal Rules RSU Forfeiture Clauses Must Comply with the ESA
On August 7, 2026, the Court of Appeal for Ontario released its highly anticipated decision in Wigdor v. Facebook Canada Ltd.1 This decision makes it clear that termination provisions in Restricted Stock Unit (“RSU”) agreements will not be…
Where’s Wallace?
By David Gelles
We always caution our clients that employment law is constantly changing. Just when you think the law on an issue is settled, a decision comes along that turns back the clock. That is exactly what happened in the recent Ontario…
Case Law Update: “Zero Notice” Termination Clause for Dependent Contractor Unenforceable
For both employers and workers, understanding the true nature of a working relationship—and the enforceable limits of an employment or contractor agreement—is critical. A recent decision from the Supreme Court of British Columbia, Salina v. Investors Group Financial Services Inc.…
Update on Building Services Providers: Common Law Notice Liability Confirmed
By Alex Minkin
In my previous blog post titled “Building Services Providers as Employers”1, I discussed the special rules that apply to building services providers under the Employment Standards Act, 2000 (the “ESA”)2. These rules apply to building services such as…
The Double Down & Schrödinger’s Termination Clause
By David Gelles
As we often see in litigation, doubling down on a losing hand doesn’t just waste time, it can cost a lot of money. In the recent Ontario Court of Appeal decision in Adelman v. IBM Canada Limited (“Adelman”)1, the employee…