August 2026

Termination Clauses: At “Any Time” and for “Any Reason”? Do the words “at any time” in an employment contract’s termination provision violate the Employment Standards Act (“ESA”)? How should courts interpret termination clauses where contractual language is capable of more than one meaning? The Ontario Court of Appeal set out a framework to clarify these...Read More

Responding to Time Theft: What Can Employers Do?   Ontario courts have treated “time theft” as the deliberate misrepresentation of hours worked while still being paid for that time. Examples of such practices could include falsifying timesheets or attendance records, “punching in” for a coworker, and conducting personal tasks on company time. Time theft can...Read More

Time Theft, Just Cause, and Bad Faith in an Employment Termination Did an employer have “just cause” to terminate an employee for “topping up” employee timesheets? Did this constitute “time theft” and “fraud”? What constitutes “bad faith” in the actions of an employer when firing an employee? The Superior Court addresses these questions in Wilsher...Read More