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Carl Cunningham

Management-side Employment Lawyer at Bennett Jones Toronto

Partner

Katelyn Weller

Counsel at Bennett Jones Toronto

Counsel

David Cassin

Employment Lawyer at Bennett Jones Toronto

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

Brendan J. Weiler

Employment Services Lawyer at Bennett Jones Toronto

Associate

On May 28, 2025, the Ontario government introduced <a href="https://www.ola.org/en/legislative-business/bills/parliament-44/session-1/bill-30">Bill 30, Working for Workers Seven Act, 2025</a> (Bill 30), representing the latest addition to a series of legislative initiatives that Ontario has seen introduced under the “Working for Workers” headline since October 2021.

Ontario Introduces Bill 30

Ontario Introduces Bill 30, Working for Workers Seven Act, 2025

Ontario has recently published regulations offering employers further details on the new amendments to the Employment Standards Act, 2000 (ESA) related to the hiring process. These changes were initially introduced under the Working for Workers Four Act, 2024 (Bill 149) and the Working for Workers Five Act, 2024 (Bill 190) as part of Ontario’s “Working for Workers” legislation series, which received Royal Assent earlier this year. We previously discussed these changes in our updates, <a href="https://www.bennettjones.com/Blogs-Section/More-Legislative-Changes-on-the-Horizon-for-Ontario-Employers">More Legislative Changes on the Horizon for Ontario Employers</a> and <a href="https://www.bennettjones.com/Blogs-Section/More-Legislative-Changes-for-Ontario-Employers">More Legislative Changes for Ontario Employers as Ontario’s Working for Workers Five Act, 2024 Receives Royal Assent</a>. The regulations are accessible <a rel="noopener noreferrer" href="https://www.ontario.ca/laws/regulation/r24476?highlight=false&lang=en&option=%7B%22year%22%3A%22All%22%2C%22selection%22%3A%5B%22regulation%22%5D%7D&paging=%7B%22page%22%3A1%2C%22pageSize%22%3A50%2C%22sort%22%3A%22Newest%22%7D&searchMode=browse&searchWithin=%5B%22title%22%2C%22body%22%5D&searchWithinResult=false&selection=source+law&text=&trigger=1&useExact=false&withinResultSearch=" target="_blank">here</a> and <a rel="noopener noreferrer" href="https://www.ontario.ca/laws/regulation/r24477?highlight=false&lang=en&option=%7B%22year%22%3A%22All%22%2C%22selection%22%3A%5B%22regulation%22%5D%7D&paging=%7B%22page%22%3A1%2C%22pageSize%22%3A50%2C%22sort%22%3A%22Newest%22%7D&searchMode=browse&searchWithin=%5B%22title%22%2C%22body%22%5D&searchWithinResult=false&selection=source+law&text=&trigger=1&useExact=false&withinResultSearch=" target="_blank">here</a>.

New Regulations Regarding the Hiring Process Key Dates and Information for Ontario Employers

New Regulations Regarding the Hiring Process: Key Dates and Information for Ontario Employers

On November 27, 2024, the Ontario government introduced <a rel="noopener noreferrer" href="https://www.ola.org/en/legislative-business/bills/parliament-43/session-1/bill-229" target="_blank">Bill 229, Working for Workers Six Act, 2024</a> (Bill 229). This announcement comes just one-month after Ontario’s Working for Workers Five Act, 2024 (Bill 190) received Royal Assent on October 28, 2024 (for more information on the legislative changes implemented by Bill 190, please see our previous update, <a href="https://www.bennettjones.com/Blogs-Section/More-Legislative-Changes-for-Ontario-Employers">More Legislative Changes for Ontario Employers as Ontario’s Working for Workers Five Act, 2024 Receives Royal Assent</a>).

Working for Workers Six Act 2024 More Changes on the Horizon for Ontarios Employment

Working for Workers Six Act, 2024: More Changes on the Horizon for Ontario's Employment-Related Legislation

Lorelei Graham

Food and Agribusiness Lawyer, IP Lawyer, Litigation Lawyer at Bennett Jones Toronto

Across the Atlantic, the European Union (EU) and its member states have also been encouraging climate-resilient agri-tech innovation, but their approach to intellectual property incentives has been a bit different. The European Union has set ambitious climate goals (like achieving climate neutrality by 2050) and launched the European Green Deal, a broad policy agenda to support sustainable technologies. While funding and regulations (such as support for sustainable farming practices) are big parts of the EU strategy, there is also recognition that IP rights play an important role in fostering innovation. However, unlike Canada or the recent US pilot program, Europe has not implemented a unified “green channel” for patent examination at the European Patent Office.

Fast Tracks and Green Gaps Part III

Fast Tracks and Green Gaps Part III: Green Without the Label: Europe's Pragmatic IP Approach to Agri-Tech Innovation

Steven L. Major KC

Commercial Dispute, Construction, Fraud, Police and Personal Injury Lawyer at Bennett Jones Calgary

Drew C. Broughton

Corporate Commercial and M&A Lawyer at Bennett Jones Calgary

Kevin Myson

Corporate, Commercial Transaction, Energy, Natural Resource and M&A Lawyer at Bennett Jones Calgary

Canada is navigating a "wild frontier" in the energy industry, with a unique opportunity to forge successful and sustainable partnerships both domestically and internationally. This was the rallying call at the Energy Business Forum during the 74th Canadian Energy Executive Association (CEEA) conference in Banff, Alberta, where industry leaders gathered to share visions for the future of Canada's energy landscape.

Key Takeaways From the Wild Frontier Energy Business Forum CEEA 74

Key Takeaways From the "Wild Frontier" Energy Business Forum at CEEA '74

Melanie Teetaert

Commercial Litigation Lawyer at Bennett Jones Vancouver

Jennifer (Jenn) K. Choi

Maruska Giacchetto

This article examines the Ontario Court of Appeal's decision in J.P. Thomson Architects Ltd. v Greater Essex County District School Board, 2025 ONCA 378, which provides critical clarification on the interpretation of multi-step dispute resolution (MSDR) clauses. MSDR clauses, commonly used in commercial contracts, outline escalating steps such as negotiation, mediation, and arbitration to resolve disputes. The Court addressed ambiguities in the drafting of MSDR timelines, emphasizing that specified timeframes should be interpreted as minimum waiting periods rather than strict deadlines. The decision overturned a lower court ruling that barred a party from arbitration due to a perceived failure to meet a 30-day mediation request deadline. This article highlights the importance of precise drafting in MSDR clauses, discusses the implications of the Court's decision, and provides practical guidance for parties drafting or negotiating dispute resolution provisions in commercial agreements.

Do you need to rush to mediate - Ontario Court of Appeal

Do You Need to Rush to Mediate? Ontario Court of Appeal Clarifies Interpretation of Multi-Step Dispute Resolution Clause

The United States has long been a major player in both agri-tech innovation and the intellectual property (IP) landscape. In the past, the United States Patent and Trademark Office (USPTO) offered its own version of a green patent fast-track to encourage climate-friendly inventions. Notably, in 2009 to 2011 the USPTO ran a Green Technology Pilot Program that prioritized examination for certain eco-friendly patents. The pilot ended in 2012, but more recently the USPTO brought back the idea in June 2022, with the Climate Change Mitigation Pilot Program, which was essentially an accelerated examination program for patent applications directed to fight climate change. Under this program, inventions designed to reduce or monitor greenhouse gas emissions, including many clean energy, sustainability or climate-smart agriculture innovations, could be examined out of turn. Importantly, like Canada’s program, the US pilot did not charge the usual petition fee for expediting. The goal was to spur green tech by making it faster and cheaper to secure IP rights.

Fast Tracks and Green Gaps Part II

Fast Tracks and Green Gaps Part II: Innovation Interrupted: What the End of the USPTO's Green Program Means for Agri-Tech

Climate change is driving a surge in agricultural technology (agri-tech) innovations aimed at making farming more resilient and sustainable. From drought-resistant crops to carbon-capturing soil techniques, these climate-focused agri-tech solutions are crucial for global food security. An often-overlooked piece of this puzzle is intellectual property (IP) strategy, namely how patents and other IP rights are used to protect and incentivize innovation.

Fast Tracks and Green Gaps Part I

Fast Tracks and Green Gaps Part I: Planting the Future: Why Canada's IP System May Be the Climate Innovation Sleeper Hit

Carl Cunningham in Benefits Canada on LTD Benefits

Authors


Bennett Jones In The News Carl Cunningham in Benefits Canada on LTD Benefits August 23, 2018 Authors Carl CunninghamPartner Carl Cunningham comments in Benefits Canada on an Ontario Superior Court ruling that is allowing a terminated employee to continue with an action for long-term disability benefits—despite signing a document that released such claims. Carl says while it’s a decision for employers to be aware of, it doesn’t represent a major shift in the law as it was a relatively unique scenario. Share by Email Social Media Download Download Subscribe Republishing Requests For permission to republish this or any other publication, contact Amrita Kochhar at kochhara@bennettjones.com. For informational purposes only This publication provides an overview of legal trends and updates for informational purposes only. For personalized legal advice, please contact the authors. Authors Carl Cunningham, Partner • Co-Head of Employment Services Practice Toronto • 416.777.4847 • cunninghamc@bennettjones.com