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
Rudner Law Blog
The Rudner Law Blog, published by Rudner Law, focuses on employment and workplace law issues affecting both employers and employees. It covers topics such as employment contracts, termination clauses, wrongful dismissal, workplace harassment and bullying, human rights and accommodation, health and safety, leaves of absence, and alternative dispute resolution. The blog also addresses emerging legal challenges like worker misclassification and evolving case law on just cause and severance. It provides analysis of statutory compliance under laws like the Employment Standards Act and the Canada Labour Code, offering strategic advice for managing employment relationships and disputes.
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Latest from Rudner Law Blog
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?
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
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
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…
Case Law Update: Vague Medical Notes Insufficient to Prove Disability and Trigger Accommodation
When an employee requests time off for medical reasons, employers are often left wondering how much medical information they are entitled to request and what their accommodation obligations are. A recent decision from the Human Rights Tribunal of Ontario (the…
Failure to Attend Court Leads to Large Payday for Employees
When a defendant is served with a Statement of Claim, they cannot simply put it aside and hope for the best. Failing to respond can result in the defendant being noted in default, which means the lawsuit may proceed without…
Legislative Update: Ontario Introduces Bill 105, Protecting Ontario’s Workers and Economic Resilience Act, 2026
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Mitigation: Case Law Update
The key words here are reasonable and comparable. Employees are not expected
…