Battiston v. Microsoft Canada Inc., 2020 ONSC 4286

JurisdictionOntario
JudgeM. D. FAIETA J.
Citation2020 ONSC 4286
Docket NumberCV-18-605527
CourtSuperior Court of Justice of Ontario (Canada)
Date15 July 2020
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11 practice notes
  • Williams v. Air Canada,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • November 25, 2022
    ...2016 C.L.L.C. 2010-060. [10] (1999), 168 D.L.R. (4th) 270 (ON CA). [11] Ms. Williams referred me to: Battiston v. Microsoft Canada Inc., 2020 ONSC 4286, 2020 C.L.L.C. 210-059, rev’d on other grounds, 2021 ONCA 727, 2022 C.L.L.C. 210-011; Valle Torres v. Vancouver Native Health Societ......
  • Failure To Notify: Battiston V Microsoft Canada Inc.
    • Canada
    • Mondaq Canada
    • July 22, 2020
    ...In the recent case of Battiston v Microsoft Canada Inc, 2020 ONSC 4286, the Ontario Superior Court held that the enforceable termination provisions of a stock awards agreement were unenforceable because the employer did not specifically call the provisions to the employee's attention. Backg......
  • Employment Terms that are Harsh and Oppressive Require Additional Notice
    • Canada
    • JD Supra Canada
    • July 30, 2020
    ...v. Microsoft Canada Inc., 2020 ONSC 4286, the Ontario Superior Court held that a contractual provision (that unambiguously excluded the employee's rights to unvested stock awards after he was terminated without cause) was unenforceable because the employer failed to sufficiently draw the pa......
  • Court Imposes "Harsh And Oppressive" Standard In Refusing To Enforce Stock Plan
    • Canada
    • Mondaq Canada
    • October 1, 2020
    ...entitlements are brought to their attention prior to acceptance, please contact McMillan's Labour and Employment Group. Footnote 1. 2020 ONSC 4286 The foregoing provides only an overview and does not constitute legal advice. Readers are cautioned against making any decisions based on this m......
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3 cases
  • Williams v. Air Canada,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • November 25, 2022
    ...2016 C.L.L.C. 2010-060. [10] (1999), 168 D.L.R. (4th) 270 (ON CA). [11] Ms. Williams referred me to: Battiston v. Microsoft Canada Inc., 2020 ONSC 4286, 2020 C.L.L.C. 210-059, rev’d on other grounds, 2021 ONCA 727, 2022 C.L.L.C. 210-011; Valle Torres v. Vancouver Native Health Societ......
  • Maynard v. Johnson Controls Canada,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • July 4, 2022
    ...    [1] Paragraph two of the plaintiff’s factum, paragraph 18 of the defendant’s fresh as amended factum. [2] 2020 ONSC 4286 [3] 2019 ONCA 991 (CanLII) [4] IMAX @ paras. 22 - 24 [5] Battiston v. Microsoft Canada Inc., 2021 ONCA 727 (CanLII) [6] Employment Standards A......
  • Battiston v. Microsoft Canada Inc.,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • March 8, 2021
    ...for the Defendant HEARD: In Writing COSTS ENDORSEMENT [1] The background facts are described in Battiston v Microsoft Canada Inc., 2020 ONSC 4286. [2] The Plaintiff, Fransic Battiston, (“Battiston”) was employed by the defendant Microsoft Canada Inc. (“Microsoft”) for almost 23 years until ......
8 firm's commentaries
  • Failure To Notify: Battiston V Microsoft Canada Inc.
    • Canada
    • Mondaq Canada
    • July 22, 2020
    ...In the recent case of Battiston v Microsoft Canada Inc, 2020 ONSC 4286, the Ontario Superior Court held that the enforceable termination provisions of a stock awards agreement were unenforceable because the employer did not specifically call the provisions to the employee's attention. Backg......
  • Employment Terms that are Harsh and Oppressive Require Additional Notice
    • Canada
    • JD Supra Canada
    • July 30, 2020
    ...v. Microsoft Canada Inc., 2020 ONSC 4286, the Ontario Superior Court held that a contractual provision (that unambiguously excluded the employee's rights to unvested stock awards after he was terminated without cause) was unenforceable because the employer failed to sufficiently draw the pa......
  • Court Imposes "Harsh And Oppressive" Standard In Refusing To Enforce Stock Plan
    • Canada
    • Mondaq Canada
    • October 1, 2020
    ...entitlements are brought to their attention prior to acceptance, please contact McMillan's Labour and Employment Group. Footnote 1. 2020 ONSC 4286 The foregoing provides only an overview and does not constitute legal advice. Readers are cautioned against making any decisions based on this m......
  • Termination Provisions Of Employee Stock Awards Agreement Found Unenforceable ' Battiston v. Microsoft Canada Inc., 2020 ONSC 4286 (CanLII)
    • Canada
    • Mondaq Canada
    • March 17, 2021
    ...should ensure that the process is fair and the bonus decisions are reasonable. Further Reading Battiston v. Microsoft Canada Inc., 2020 ONSC 4286 (CanLII) What's Hot on CanLII (Slaw: online legal magazine) Originally published February 24, 2021 The content of this article is intended to pro......
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