by Evolution Legal | Dec 7, 2025 | Bad Faith, Termination Clauses
In Klyn v Pentax Canada Inc, 2024 BCSC 372, the Supreme Court of British Columbia examined how an employer’s conduct during the termination process can invalidate an otherwise enforceable termination clause. Background: • Mr. Klyn began working with Pentax as...
by Evolution Legal | Dec 6, 2025 | Bad Faith, Constructive Dismissal
The Ontario Superior Court of Justice’s decision in Scarrow v Walkey et al, 2024 ONSC 3876, underscores key legal principles in employment law, particularly concerning constructive dismissal, implied contractual terms, and employer obligations. Constructive...
by Evolution Legal | Dec 5, 2025 | Restrictive Covenants
In Great North Equipment Inc v Penney, 2024 ABKB 533, the Alberta Court of King’s Bench examined the enforceability of non-solicitation and non-competition clauses within a shareholders’ agreement, focusing on the issue of consideration. Background: Great North...
by Evolution Legal | Dec 4, 2025 | Restrictive Covenants
In Southwest Design & Construction Ltd v Janssens, 2024 ABKB 502, the Alberta Court of King’s Bench addressed an application for an interim injunction by Southwest Design & Construction Ltd. (“Southwest”) against its former employees, Blayne Janssens and David...
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...
