Nemeth v. Hatch Ltd.
| Jurisdiction | Ontario |
| Court | Court of Appeal (Ontario) |
| Judge | Sharpe, Benotto and Roberts JJ.A. |
| Citation | 2018 ONCA 7 |
| Docket Number | C63582 |
| Date | 08 January 2018 |
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40 practice notes
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The Employment Contract
...rule (discussed below) to resolve any ambiguity in favour of the party who did not draft the contract, which is generally the employee. 8 2018 ONCA 7 at para 9. 9 Ibid at para 3. 10 Ibid at para 14. 11 Andrew Monkhouse, “2019 Top Employment Law Decisions” (23 April 2020), online: . 12 Andro......
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Ontario Court Of Appeal Summaries (August 26-30 2019)
...v. Metaswitch Networks Corporation, 2017 ONCA 790, Ceccol v. Ontario Gymnastics Federation (2001), 55 O.R. (3d), Nemeth v. Hatch Ltd., 2018 ONCA 7, Roden v. Toronto Humane Society (2005), 202 O.A.C. 351, Hampton Securities Limited v. Dean, 2018 ONSC 101, Paquette v. TeraGo Networks Inc., 20......
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Egan v Harbour Air Seaplanes LLP
...Clarke]; Stevens v. Sifton Properties Ltd., 2012 ONSC 5508[ Stevens]; Cook v. Hatch Ltd., 2017 ONSC 47 [ Cook]; and Nemeth v. Hatch Ltd., 2018 ONCA 7 [ 30 This difference in approach may not be surprising given differences in the particular termination clauses in issue in each case. The par......
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Bergeron v. Movati Athletic (Group) Inc.
...law principal of reasonable notice or pay in lieu thereof (para. 13).[19] Lastly, the Court of Appeal stated in Nemeth v. Hatch Ltd., 2018 ONCA 7, 287 A.C.W.S. (3d) 291, that in cases where a termination clause displaces an employee’s rights to common law notice, “a high degree of clarity i......
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24 cases
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Baker v. Van Dolder’s Home Team Inc.
...an employment contract and that such provisions are valid: Machtinger, at pp. 1004-05; Roden, at paras. 61-62; and Nemeth v. Hatch Ltd., 2018 ONCA 7, 418 D.L.R. (4th) 542, at para. 11. [80] I therefore conclude that the motion judge made an error in princ......
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Bergeron v. Movati Athletic (Group) Inc.
...law principal of reasonable notice or pay in lieu thereof (para. 13).[19] Lastly, the Court of Appeal stated in Nemeth v. Hatch Ltd., 2018 ONCA 7, 287 A.C.W.S. (3d) 291, that in cases where a termination clause displaces an employee’s rights to common law notice, “a high degree of clarity i......
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Egan v Harbour Air Seaplanes LLP
...Clarke]; Stevens v. Sifton Properties Ltd., 2012 ONSC 5508[ Stevens]; Cook v. Hatch Ltd., 2017 ONSC 47 [ Cook]; and Nemeth v. Hatch Ltd., 2018 ONCA 7 [ 30 This difference in approach may not be surprising given differences in the particular termination clauses in issue in each case. The par......
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Lamontagne v. J.L. Richards & Associates Limited
...the respondent to be overstated. As indicated recently by the Court of Appeal in Andros, at para. 38, and earlier in Nemeth v. Hatch Ltd., 2018 ONCA 7, |418 D.L.R. (4th) 542 at para. From Andros: 38 While some termination clauses explicitly and improperly bar payments that would otherwise b......
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16 firm's commentaries
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Ontario Court Of Appeal Summaries (August 26-30 2019)
...v. Metaswitch Networks Corporation, 2017 ONCA 790, Ceccol v. Ontario Gymnastics Federation (2001), 55 O.R. (3d), Nemeth v. Hatch Ltd., 2018 ONCA 7, Roden v. Toronto Humane Society (2005), 202 O.A.C. 351, Hampton Securities Limited v. Dean, 2018 ONSC 101, Paquette v. TeraGo Networks Inc., 20......
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Ontario Court Of Appeal Summaries (January 8 January 12, 2018)
...of Appeal. Congratulations to our very own Bill Anderson for succeeding on the main issues in our client's appeal in Nemeth v. Hatch Ltd., 2018 ONCA 7. In this Employment law decision, the Court of Appeal found that it is not necessary to include an explicit stipulation in a termination cla......
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10 Key Developments in Canadian Labour & Employment Law in 2018
...can maximize the enforceability of termination clauses. In 2018, the Court of Appeal of Ontario (OCA) rendered two decisions, Nemeth, 2018 ONCA 7 and Amberer, 2018 ONCA 571, which, in a sea of seemingly conflicting and often confusing case law, provided guidance to employers regarding how t......
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10 Key Developments In Canadian Labour & Employment Law In 2018
...can maximize the enforceability of termination clauses. In 2018, the Court of Appeal of Ontario (OCA) rendered two decisions, Nemeth, 2018 ONCA 7 and Amberer, 2018 ONCA 571, which, in a sea of seemingly conflicting and often confusing case law, provided guidance to employers regarding how t......
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1 books & journal articles
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The Employment Contract
...rule (discussed below) to resolve any ambiguity in favour of the party who did not draft the contract, which is generally the employee. 8 2018 ONCA 7 at para 9. 9 Ibid at para 3. 10 Ibid at para 14. 11 Andrew Monkhouse, “2019 Top Employment Law Decisions” (23 April 2020), online: . 12 Andro......
