by Evolution Legal | Dec 2, 2025 | Termination Clauses
In De Castro v Arista Homes Limited, 2024 ONSC 1035, the Ontario Superior Court of Justice addressed critical issues concerning the enforceability of termination clauses in employment contracts and the employer’s burden in proving an employee’s failure to mitigate...
by Evolution Legal | Nov 29, 2025 | Constructive Dismissal
Constructive dismissal is a legal concept that protects employees when an employer makes a fundamental change to the job or creates intolerable working conditions, effectively forcing the employee to resign. In Alberta, as in the rest of Canada, the law may treat such...
by Evolution Legal | Nov 26, 2025 | Bad Faith, Inducement, Wrongful Dismissal
This Alberta Court of Justice case involved a wrongful dismissal claim by a licensed practical nurse against her former employer, Northern Nursing Solutions Inc. The plaintiff had been recruited from a secure job in another province and later terminated after...
by Evolution Legal | Nov 24, 2025 | Termination Clauses
In Dufault v Ignace (Township), 2024 ONCA 915, the Ontario Court of Appeal found the “for cause” termination clause in the contract was illegal and unenforceable, because it undermined the Ontario Employment Standards Act’s (ESA) employee protections. The ESA only...
by Evolution Legal | Nov 22, 2025 | Restrictive Covenants
In Alberta, a non-competition clause in an employment agreement can be enforceable—but only under strict conditions. Courts in Alberta (and generally across Canada) are cautious with these clauses because they restrict a person’s ability to earn a living. Here’s what...
