Christopher Robertson Law PC opens January 1, 2021
We’re back!
We are pleased to announce that Christopher Robertson Law PC is leaving Morrison Brown Sosnovitch LLP effective January 1, 2021. Christopher Robertson Law PC is a firm that provides practical solutions to employers and employees and effective court room advocacy when necessary. Smart, measured, and efficient legal...
Without Cause termination provisions void
In a recent decision, the Ontario Court of Appeal confirmed what a few employment counsel had been saying all along. The standard for withholding statutory payments is wilful misconduct. This is a higher threshold than cause at common-law. Employment agreements that reference cause in the termination sections are largely unenforceable because they provide a lesser right than...
Contingency fees are permissible in Ontario
Employers can no longer expect that employees will capitulate in their claims for incentive compensation under the weight of the legal fees incurred to pursue such payments. Contingency fees also insulate the employee from excessive legal fee cost in the event that their claim is unsuccessful. Employers should be cautious in seeking to enforce exclusionary clauses until the Supreme...
Incentive during notice is the rule and not the exception
In a recent decision, the Supreme Court of Canada clarified the law regarding the payment of incentive compensation during a period of reasonable notice. The counter-intuitive approach to incentive compensation set out in the Employment Standards Act has always provided for payment of incentive compensation during the statutory notice period where incentive payments were made in the...