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Proper language could defeat a bonus claim on termination

Wednesday, May 16, 2018 @ 8:21 AM | By Monty Verlint and David Master

The issue of bonus entitlements for employees upon termination has been a highly litigated issue in Ontario for many years. It arises in the context of earned bonus during employment as well as the calculation of damages for failing to provide “reasonable notice” of termination at common law.

Since the Ontario Court of Appeal released Paquette v. TeraGo Networks Inc. 2016 ONCA 618 and Lin v. Ontario Teachers' Pension Plan Board 2016 ONCA 619 in 2016, the test for a dismissed employee’s entitlement to a bonus during...