No one likes a bitter end, especially when it may cost $50,000: Employers beware of how you terminate an employee
Aggravated damages can be awarded to terminated employees if there has been a breach of the employer’s duty of good faith during the dismissal process. Recently, in Krmpotic v. Thunder Bay Electronics Limited, 2024 ONCA 332, the Court of Appeal for Ontario awarded an employee $50,000 in aggravated damages because the dismissal process was not carried out in an honest manner.
Simes Law
4 minutes read
July 9, 2024 
Court decision on termination clause and punitive damages award
The recent Court decision in Wilds v. 1959612 Ontario Inc. addresses the enforceability of a termination clause contained in the employment contract, as well as the availability of punitive damages.
Rudner Law, Employment / HR Law & Mediation
E-commerce controls should be on your radar
E-commerce controls are relevant to an overwhelming number of organizations—even smaller ones— perhaps especially smaller ones, without a brick-and-mortar presence.
Apolone Gentles, JD, CPA,CGA, FCCA, Bsc (Hons)
Introduction to general partnerships: A guide for Canadian entrepreneurs
People who want to pool their resources, knowledge, or skills can form a general partnership (or, more simply, a partnership). A general partnership is a type of business organization that comes into existence when two or more people carry on business together with the intent to make a profit.
Roberts & Obradovic Law
Non-competition in Quebec: Employers should precisely define prohibited work in employment contracts
The Superior Court recently issued a significant warning to employers operating in Québec regarding the drafting of non-competition covenants included in employment contracts: it is a best practice to clearly define the type of prohibited work in these clauses.
McCarthy Tétrault LLP
Using arbitration clauses in employment agreements
In Ontario, where a dispute between an employer and an employee (or former employee) cannot be resolved informally – which is usually a more expedient and practical option – recourse to the courts is generally available.
Vey Willetts LLP
Privacy Commissioner launches investigation into 23andMe data breach
On June 10, 2024, the Privacy Commissioners of Canada and the United Kingdom announced that they have begun their joint investigation into the 23andMe data breach that was discovered in October, 2023.
Christina Catenacci, BA, LLB, LLM, PhD
A risk-based approach to auditing governance processes
Should internal audit departments audit governance processes? Can they effectively assess board operations? Isn’t that the responsibility of the board itself, generally through a governance committee? Are we sufficiently independent, because we report to the audit committee of the board, and do we have the necessary skills?
Norman D. Marks, CPA, CRMA
Waksdale is safe: OCA refuses 5 panel bench in Dufault v Township of Ignace
In their Notice of Appeal, the Township asked the Ontario Court of Appeal to convene a panel of five judges because they wanted to overturn the seminal Ontario Court of Appeal case of Waksdale v. Swegon North America Inc., 2020 ONCA 391.
Barry B. Fisher LL.B.
