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Back to the Office, Back to Reality – Part 1
Can my employer force me to return to the office? Generally speaking, yes. This will depend on the terms of your employment contract (whether written or oral). For employees that had a pre-existing right to work from home, an attempt...

Smart Contracts in the Courts
Cryptocurrency trading and other forms of investment are enabled via smart contracts that execute themselves according to rules defined by code. But what happens if somebody finds a loophole and manipulates the rules to produce an unexpected result in their...

The Right to Disconnect
On December 2, 2021, the Ontario government passed Bill 27, the Working for Workers Act, 2021, amending various pieces of legislation, including the Employment Standards Act, 2000. One of those changes includes the employee’s “right to disconnect”, explained below. Right...

Should I include an arbitration agreement in my contract?
Frequently, commercial Parties will include arbitration agreements in a contract without much thought as to whether it is necessary or even a good idea. There are many things to consider before including an arbitration agreement in your contract. An arbitration...

The Importance of Language in Employment Contracts, Policies and Clauses
Employees often encounter incentive plan agreements that contain language limiting or eliminating their ability to collect such payments upon the termination of their employment. With the recent Supreme Court of Canada decision in Matthews v. Ocean Nutrition Canada Ltd., employers...

Ontario Court of Appeal decision will make you give your termination clause a second look
In Ontario, termination clauses in employment contracts must comply with the Employment Standards Act (ESA). When provisions of an employee’s contract fail to comply with the ESA, the non-compliant provisions are unenforceable. However, a recent Ontario Court of Appeal decision...
