Kerzner v. American Iron & Metal Company Inc., 2018 ONCA 989
| Jurisdiction | Ontario |
| Judge | Simmons,Huscroft,Miller |
| Citation | 2018 ONCA 989 |
| Docket Number | C64238 |
| Court | Court of Appeal (Ontario) |
| Date | 07 December 2018 |
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9 practice notes
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Ontario Court Of Appeal Summaries (December 3 7, 2018)
...the trial judge would not have exercised her discretion to set aside the agreement. Kerzner v. American Iron & Metal Company Inc., 2018 ONCA 989 [Simmons, Huscroft and Miller Riddell and K. Van Schie, for the appellant/respondent by way of cross-appeal MacTavish and B. Hinds, for the re......
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EMW INDUSTRIAL LTD. v. GOOD, 2019 SKQB 47
...severance to the case of restrictive covenants in employment contracts. [54] See also Kerzner v American Iron & Metal Company Inc., 2018 ONCA 989, where the court refused to apply severance despite the existence of a severance provision in the [55] Third, there are, in addition to the n......
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Court Confirms Possibility To Owe An Employee 9 Years' Salary And Benefits
...ONCA 428; and former owner employees litigating against their new owners, such as in Kerzner v. American Iron & Metal Company Inc., 2018 ONCA 989( which we had previously written about) and which the former owner's leave to appeal to the Supreme Court of Canada was recently dismissed; b......
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Not So Full And Final? Recent Decisions Permitting Release Leaks
...not barred. In a similar decision from December 2018, the Ontario Court of Appeal in Kerzner v. American Iron & Metal Company Inc., 2018 ONCA 989 considered a release signed in the context of a 2008 sale of the business, several years prior to the employee's ultimate termination. The co......
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3 cases
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EMW INDUSTRIAL LTD. v. GOOD, 2019 SKQB 47
...severance to the case of restrictive covenants in employment contracts. [54] See also Kerzner v American Iron & Metal Company Inc., 2018 ONCA 989, where the court refused to apply severance despite the existence of a severance provision in the [55] Third, there are, in addition to the n......
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Nassar v. Oracle Global Services,
...v. The Globe & Mail (1996), 90 O.A.C. 361 (C.A.) (CanLII), cited with approval in Kerzner v. American Iron & Metal Company Inc., 2018 ONCA 989 at para 52. See also Boland v. APV Canada Inc. (2005), 250 D.L.R. (4th) 376, at para. 20). [14] &#x......
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Groves v. UTS Consultants Inc., 2020 ONCA 630
...ESA rights. Further, UTS argues that the motion judge erred in law in not following Kerzner v. American Iron & Metal Company Inc., 2018 ONCA 989, leave to appeal to S.C.C. refused, 38503 (May 23, 2019), where this court set aside a waiver of ESA rights but did not interfere with the rel......
6 firm's commentaries
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Ontario Court Of Appeal Summaries (December 3 7, 2018)
...the trial judge would not have exercised her discretion to set aside the agreement. Kerzner v. American Iron & Metal Company Inc., 2018 ONCA 989 [Simmons, Huscroft and Miller Riddell and K. Van Schie, for the appellant/respondent by way of cross-appeal MacTavish and B. Hinds, for the re......
-
Court Confirms Possibility To Owe An Employee 9 Years' Salary And Benefits
...ONCA 428; and former owner employees litigating against their new owners, such as in Kerzner v. American Iron & Metal Company Inc., 2018 ONCA 989( which we had previously written about) and which the former owner's leave to appeal to the Supreme Court of Canada was recently dismissed; b......
-
Not So Full And Final? Recent Decisions Permitting Release Leaks
...not barred. In a similar decision from December 2018, the Ontario Court of Appeal in Kerzner v. American Iron & Metal Company Inc., 2018 ONCA 989 considered a release signed in the context of a 2008 sale of the business, several years prior to the employee's ultimate termination. The co......
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Court Of Appeal Considers Questions About Successive Employment Contracts Executed After Sale Of Business
...to be unenforceable. Forum: Ontario Court of Appeal Date: December 7, 2018 Citation: Kerzner v. American Iron & Metal Company Inc., 2018 ONCA 989 The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your speci......
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