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Perspectives

Canadian contract and employment law analysis. Real cases, real consequences, clear language.

Bonus and Incentive Entitlement on Termination — The Paquette Revolution

For years, employers relied on 'active employment' clauses in bonus plans to deny terminated employees their incentive compensation during the notice period. The Ontario Court of Appeal's decision in Paquette v. TeraGo Networks changed the game.

Priya Sharma, Contracts & Policy Writer

Fixed-Term Contracts: The Most Expensive Mistake in Canadian Employment Law

When an employer terminates a fixed-term contract early, they don't owe reasonable notice — they owe the entire remaining value of the contract. No mitigation. No Bardal factors. Just a cheque for every dollar the employee would have earned.

James Faulkner, Tax & Employment Writer

Non-Compete Clauses in Canada: Are They Actually Dead?

Ontario banned non-competes for most employees in 2021. Federal amendments followed in 2023. But the story is more complicated than the headlines suggest — C-suite executives, business sellers, non-solicitation clauses, and confidentiality agreements are all very much alive.

Priya Sharma, Contracts & Policy Writer

Non-Solicitation Clauses: The Restrictive Covenant That Actually Survives Court

Ontario banned non-compete clauses, but non-solicitation clauses remain alive and enforceable — when properly drafted. Understanding the difference between the two, and what makes a non-solicitation clause survive judicial scrutiny, is essential for anyone changing jobs.

Priya Sharma, Contracts & Policy Writer

Implied Terms in Employment Contracts: What the Court Reads Between the Lines

Your employment contract does not say anything about reasonable notice, good faith, or a safe workplace. The law implies those terms anyway. Understanding implied terms is understanding the rights your employer never told you about.

Priya Sharma, Contracts & Policy Writer

Garden Leave Clauses: Getting Paid to Not Work for Your Competitor

A garden leave clause keeps you employed — and paid — while preventing you from working for a competitor. It is the elegant cousin of the non-compete, and increasingly common in Canadian employment agreements.

David Chen, Senior Legal Writer

Remote Work and Jurisdiction: Which Province's Laws Apply to You?

You live in British Columbia. Your employer is headquartered in Ontario. You report to a manager in Alberta. When your employment relationship breaks down, whose laws apply? The answer is less clear than you think.

David Chen, Senior Legal Writer

Your Employment Agreement Is Not a Suggestion — Why Every Clause Matters

Most employees sign employment agreements without reading them. Most employers draft them without understanding them. Both sides pay for that later. Here is what every clause actually does — and what happens when it fails.

Priya Sharma, Contracts & Policy Writer