Archive for category: Labour and Employment Law

Toronto Internet Lawyer discussed the legality of posting the Luka Magnotta video on the Best Gore website with the national and international media. Mr. Zvulony took the position that the posting of the video violated Canada's obscenity laws.

The amount of notice an employee is entitled to is dependant on a number of factors. The Ontario Employment Standards Act provides minimum notice periods. Notice periods under the common law are usually longer.

A termination clause is a statutory compliant clause in a written employment agreement that clearly specifies the amount of notice, or compensation in lieu of notice, an employer will provide an employee upon termination of the employment.

The Ontario Court of Appeal's decision in Lyons v. Multari [1] has reconfirmed the notion that an employer has an uphill battle in enforcing a non-competition clause in an employment agreement. MacPherson J.A., writing for the Court, reiterated that generally a non-solicitation clause will provide adequate protection for an employer, and only in exceptional cases will the nature of the employment justify a non-competition clause. The Court sought to strike a balance between the freedom of contract and the public policy importance of discouraging contracts that restrict competition. In doing so, the Court once again warned employers that when drafting restrictive covenants, they should take only what they need.