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Carl Cunningham

Management-side Employment Lawyer

Partner

David Cassin

Employment Lawyer at Bennett Jones Toronto

Julia Horowitz

Lawyer at Bennett Jones Toronto

Associate

In Wigdor v. Facebook Canada Ltd., 2026 ONCA 572, the Ontario Court of Appeal clarified that equity-based compensation, including RSUs, may constitute a term or condition of employment that must be preserved during the statutory notice period under the Employment Standards Act, 2000. The decision highlights the need for employers to carefully review RSU forfeiture provisions and saving language to ensure compliance with employment standards legislation, while confirming that the threshold for punitive damages remains high.

RSU Forfeiture Revisited Ontario Court of Appeal Provides Important Guidance for Employers

RSU Forfeiture Revisited: Ontario Court of Appeal Provides Important Guidance for Employers

Talia K. Bregman

Employment Services, National Practice Group Leader

After a series of conflicting decisions, the Court of Appeal for Ontario has clarified the enforceability of termination clauses in Ontario employment agreements through its recent decision in the dual appeals in Baker v Van Dolder&rsquo;s Home Team Inc. and Li v Wayfair Canada ULC.

At Any Time and for Any Reason is Here to Stay

Ontario Court of Appeal Restores Common Sense to Termination Clauses in Ontario Employment Agreements

"At Any Time" and "For Any Reason" is Here to Stay

The 2025 Federal Budget proposes significant employment law changes, including restrictions on non-compete agreements and new measures to address worker misclassification and wage theft. Federally regulated employers should prepare for upcoming consultations in early 2026.

Federal Budget Proposals Affecting Employers

The Ontario Superior Court of Justice’s recent decision in Wigdor v Facebook Canada Ltd, 2025 ONSC 4051 provides helpful clarity for employers on two key issues: the enforceability of restricted stock unit (RSU) forfeiture provisions, and the legal threshold for awarding punitive damages in employment disputes.

Forfeiture Clause Upheld

Forfeiture Clause Upheld, Punitive Damages Denied: Favourable Takeaways for Employers

Steven L. Major KC

Commercial Litigation Lawyer | Energy

Audrix Arce

At the 75th Canadian Energy Executive Association (CEEA) conference, industry leaders, government officials and Indigenous partners explored the opportunities and challenges shaping Canada's energy future. Discussions focused on regulatory certainty, interprovincial cooperation, AI and data centre growth, value-added energy development, and the importance of early Indigenous and landowner engagement. The key takeaway was clear: Canada has a strategic window to advance energy infrastructure and attract investment, but success will depend on timely action, collaboration and execution.

Key Takeaways from the Energy Business Forum at CEEA 75

Key Takeaways from the Energy Business Forum at CEEA '75

Simon Grant

Financial Services & Regulatory Lawyer

Partner 

Matthew Flynn

Technology Transaction Lawyer at Bennett Jones Toronto

Kwang Lim

Corporate and Securities Lawyer

Vancouver Managing Partner

Canada is taking a category-by-category approach to regulating prediction markets, with the CSA and CIRO permitting certain event contracts while directing others outside the securities and derivatives framework. This article examines Canada's emerging regulatory landscape and the key considerations for platforms, dealers, financial institutions and investors participating in these evolving markets.

Prediction Markets in Canada A Category-by-Category Regulatory Framework

Prediction Markets in Canada: A Category-by-Category Regulatory Framework

Christopher J. Doucet

Corporate & Mining Lawyer | M&A & Corporate Finance

Zirjan (Zee) J. Derwa

Competition and Foreign Investment Review Lawyer

In the September edition of Canadian Mining Journal, Christopher Doucet and Zirjan Derwa explore how the Canada-China Economic and Trade Cooperation Roadmap may reshape the investment landscape for Chinese participation in Canada's mining sector. They discuss whether greater regulatory clarity could encourage investment in base and precious metals while maintaining Canada's national security protections for critical mineral assets.

Canadian Mining Journal New policy roadmap

Canadian Mining Journal: New policy roadmap may help miners navigate Chinese investment landscape

Ethan Z. Schiff

Class Actions & Commercial Litigation Lawyer

Bobbie Alvernaz

The Ontario Court of Appeal upheld the denial of certification in a proposed class action alleging childhood sexual abuse within Canadian Jehovah&rsquo;s Witness congregations. The Court found insufficient commonality among the proposed class members&rsquo; claims, which involved different perpetrators, congregations and circumstances, and agreed that individual or joinder actions would be the preferable procedure. The decision also distinguishes Gutierrez from other institutional abuse class actions where defendants had a more direct and common relationship with the alleged abuse.

Ontario Court of Appeal Refuses to Certify Institutional Abuse

Ontario Court of Appeal Refuses to Certify Institutional Abuse Class Action With No Common Perpetrator, Activity or Location 

Larissa D. Lees

Regulatory Lawyer at Bennett Jones Calgary

Jessica Kennedy

Bennett Jones attended the Data Centre West 2026 Conference in Calgary earlier this month, hosted by the Western Canada Data Centre Alliance, and engaged with representatives from industry, government and regulatory agencies on the issues facing Alberta's rapidly growing digital infrastructure sector. This year, discussions spanned the hyperscale and AI demand outlook, power procurement and grid access challenges, Alberta's regulatory framework, supply chain constraints and labour availability, and sustainability and community engagement, reflecting a sector that has moved well beyond early-stage interest and into active development and investment.

2016 Bennett Jones Employment Symposium

From the Same Authors