Sentences with phrase «on termination clauses»

Continue Reading Alberta and Ontario Courts Diverge on Termination Clauses

Continue Reading Ontario Court of Appeal Weighs in (Again) on Termination Clauses

This is covered in detail, along with further information dealing with rebutting the presumption of reasonable notice, in the sub-chapter on termination clauses.

However, as explained in our earlier blog posts, here and here, the Court of Appeal's recent decisions on termination clauses seem to be turning some of these principles on their heads.

Ten years later, Olympus Canada dismissed Mr. Krishnamoorthy without cause and relied on the termination clause in Mr. Krishnamoorthy's employment agreement.

Not exact matches

Sporting have signalled their intent to cash in on Carvalho with a new contract increasing his buyout clause to # 35m, which they announced on Sporting's official website with this report: «Under the terms and for the purposes of compliance with the reporting requirements stemming from Article 248, paragraph 1 al. a) of the Securities Code, the Board of Directors of Sporting Clube de Portugal — Futebol, SAD announces that the athlete William Carvalho Silva extended his contract with Sporting Clube de Portugal — Futebol SAD until the season 2019/2020, settling the termination clause in $ 45,000,000.00 (forty - five million euros).»

A statement on Sporting's website read: «Under the terms and for the purposes of compliance with the reporting requirements stemming from Article 248, paragraph 1 al. a) of the Securities Code, the Board of Directors of Sporting Clube de Portugal - Futebol, SAD announces that the athlete William Carvalho Silva extended his contract with Sporting Clube de Portugal - Futebol SAD until the season 2019/2020, settling the termination clause in $ 45,000,000.00 (forty - five million euros).»

8.4 On termination of this License by the Licensee for cause, as specified in clause 8.2.2 above, the Publisher shall forthwith refund the proportion of the Fee that represents the paid but un-expired part of the Subscription Period.

Is there a termination clause or point when the right revert based on either unit sales or minimum revenue?

«Unlike a rental arrangement with a one or two year contract and known termination clauses, defaulting on a mortgage can do major damage to your credit report,» he tells Business Insider.

22.5 In addition, without limiting clause 22.1 it is a condition of Membership that, unless Qantas is otherwise notified by a Relevant Member, the Relevant Member consents to Qantas disclosing the Relevant Member's personal information and Emirates operated flight details to Emirates in the United Arab Emirates and the United Kingdom on or after the Emirates Termination Date for the purpose of Emirates offering the Relevant Member membership in the Skywards frequent flyer program (or the equivalent program as at the Emirates Termination Date).

I do nor know if the feedback payback continues if the thing stops altogether then resumes automatically on the start of power after repair, and I also do not know the form of contract termination clauses at end of agreed life.

What are the potential legal ramifications of ceasing work on a web development contract which had no voluntary early termination clause, but which I believe the Client to be in breach of?

While there appeared to be a consensus for years that strict language was required to displace the common law without infringing on the ESA, Rose says a 2016 Ontario Court of Appeal decision dismissed an appeal from a motion judge's ruling upholding a termination clause — providing «the minimum required by the ESA» — that was linguistically sparse compared to earlier rulings.

Employers operating in Ontario who «draw the circle» around employee rights and entitlements on termination should carefully review and ensure that their contractual termination clause complies with all aspects of statutory minimum standards, and in particular: (a) notice or pay in lieu, (b) benefits continuation during the notice period, (c) severance pay, if applicable, and (d) continued vacation accrual during the termination notice period.

In Howard the Ontario Court of Appeal awarded an employee whose employment was terminated 23 months into a five - year term damages reflecting the balance of the term on the basis that the contractual clause providing for early termination was unenforceable due to ambiguity.

At the same time, Rose says there is plenty that we don't know, such as whether or not it is safer for employers to use fewer words in a termination clause and avoid all - inclusive language, and whether, for public policy reasons, future court decisions will put an onus on employers to make clear to employees the differences between ESA entitlements and the common law before they sign ESA - only contracts.

Parties contracting under Chinese law can include a negotiated termination clause, and / or be permitted to terminate on breach of a «main obligation» of the contract which is not rectified within a reasonable time.

Nigel has been advising on the meaning and effect of an early termination clause in a series of charterparties between shipowners and charterers who subcharter to a South American national oil producer.

The question is whether or not Ms. Bergeron is entitled to be paid in accordance with the termination clause or based on common law reasonable notice.

So for example, there are numerous questions about what Brexit might do to existing contractual relationships: for instance, could agreements relating to the provision of goods or services into or out of the EU be vulnerable to termination on the basis of frustration, or pursuant to force majeure or material adverse change (MAC) clauses?

Since there is no opt - out on transfer clause, you have to finish the term of the contract (or pay whatever fee is assessed if there is an early termination clause).

In some decisions — such as Roden v Toronto Humane Society (2005), Oudin v Centre Francophone de Toronto (2016) and Cook v Hatch (2017)-- the courts have found that silence might mean an implied intent to comply with the Employment Standards Act (the «ESA») and / or that ambiguities in termination clauses can be resolved by focusing on the overall intention of the parties.

The court found the termination clause to be unenforceable as it violated the minimum requirements of the ESA by permitting payments to be based solely on base salary, thus expressly excluding the employee's commission (which is required as part of wages under the ESA).

Instead, the Court relied on the language of the termination clause itself and found that the wording resulted in a contravention of the ESA.

On appeal, the Court of Appeal ruled that the termination clause was unenforceable and thus, the employee was entitled to reasonable notice at common law.

While the ruling in Wood is not a clear «win» for employers, it is helpful in that Ontario employers now have much needed guidance on the language necessary to draft enforceable termination clauses.

Ms. Wood argued that the enforceability of the clause was to stand or fall on its own wording, and that FDI could not remedy an otherwise illegal and unenforceable termination clause by its conduct.

Citing Machtinger v. HOJ Industries Ltd., [1992] 1 SCR 986, 1992 CanLII 102 (SCC), the Court of Appeal endorsed the view that the enforceability of a termination clause «stands or falls» on its wording, rather than on what an employer provides after termination.

On appeal, the Court of Appeal overturned the Superior Court's decision and held that the termination clause contravened the ESA and was unenforceable.

Courts have focused on the various technical requirements in the language of termination clauses and, in the absence of the technical requirements in the termination clauses, courts have held such clauses to be unenforceable.

Clauses in employment agreements that preclude an employee from competing with the employer following termination of employment will be struck down as an unlawful restraint on trade and contrary to public policy, unless they can be justified on the basis of reasonableness.

Joint Ventures: examples of some of the cases in which we have recently acted include: a dispute between joint venturers about undistributed profits in a JV vehicle upon the operation of a Change of Control clause; a claim on a business sale guarantee arising from the termination of a joint venture; and Tethyan Copper Company Pty v Government of Balochistan (ICC Case No. 18347 / VRO / AGF), a dispute under a joint venture contract in relation to the refusal of a mining licence over copper and gold deposits at Reko Diq, Pakistan.

(RICS panel members» security of tenure within the meaning of ECHR Article 6; whether RICS should make disclosure of panel members» terms of appointment given attempt by RICS to impose a one month termination clause on the Chair of Complaints and Appeals)

The enforceability of the clause stands or falls on its own wording», not what the employer did after termination.

In addition, the Court of Appeal held that the clause said nothing about benefit contributions, and held that the fact that the employer made contributions following termination should have no bearing on whether the termination clause itself contravenes the ESA.

Given the many developments in this area over the last year, including the various pronouncements related to this issue by the Ontario Court of Appeal, employers that have not already done so would be well advised to turn their minds to ensuring that their termination clauses in employment agreements for existing and new employees are enforceable and will achieve the desired result on termination of employment.

The Court held that the termination clause did not provide less than the minimum entitlement under the ESA on the basis that it did not expressly exclude the ESA entitlement to severance pay, and that it therefore was not void because of the failure to expressly address severance pay.

She argued that the termination clause in the offer letter was invalid and unenforceable on the basis that it permitted the employer to terminate her employment without continuing her benefits for the duration of the notice period.

Unlike the termination clause considered by the Court of Appeal in its 2017 decision, Wood v Fred Deeley Imports (which you can read about in more detail on our blog), the clause in this case did not exclude the employer's obligation to provide severance pay; it simply said nothing about the obligation.

This decision extended the ruling in a 2012 decision, Bowes v Goss Power Corp. which had held that where an indefinite hire contract contained a termination notice clause allowing for termination on «6 months» notice or pay in lieu» and the employer terminated without working notice, there was no duty to mitigate damages or deduction for mitigation earnings.

The termination clause went on to state that the contract could otherwise be terminated early with two weeks» written notice.

However, the Court of Appeal disagreed, on the basis that if a termination clause could breach the ESA at some point in the employment relationship, the clause is void and unenforceable even if the employee has in fact received all of her entitlements given when termination of her employment happened.

At DAC Beachcroft LLP, practice head Lesley Hughes has expertise in landlord and tenant disputes, particularly those with an insolvency aspect, complex service charge and dilapidations claims, break rights, issues arising from development agreements and rent reimbursement claims under NHS contracts, Recent work includes handling declaratory proceedings regarding a # 50m break clause; assisting with the termination of conditional development agreements; and advising on town centre regeneration matters for a local authority, which included assisting with procurement, landlord and tenant, listed building and right to light issues.

The Pendulum Swings Back: The Court of Appeal Rules Termination Clause Valid Despite Silence on Benefits Continuation

Continue Reading The Pendulum Swings Back: The Court of Appeal Rules Termination Clause Valid Despite Silence on Benefits Continuation

Ellen provides advice to employers and employees in plain English on all aspects of employment law including: drafting and reviewing employment contracts, workplace policies, termination provisions, non-competition clauses and restrictive covenants, wrongful and constructive dismissal litigation, employment standards, workplace investigations, occupational health and safety issues as well as human rights in the workplace.

A recent decision of the Ontario Court of Appeal (ONCA) has provided clarity in the debate over the validity of termination clauses in employment contracts that are silent on continuation of benefits through the statutory notice period.In Oudin v. Centre Francophone de Toronto, 2016 ONCA 514, the ONCA enforced a termination clause that set out the notice period in case of dismissal but did not mention benefits continuation.

The termination clauses in the employment contracts at issue in these cases appeared, on their face, to be valid and enforceable in light of the prevailing legal principles and existing case law.

The judge awarded DeGagne 6 months» notice of dismissal on the basis that the termination clause in his employment contract provided him with 6 months» notice of dismissal during his first year of employment.