December 2019

When someone is terminated, they are generally entitled to reasonable notice at common law or pay in lieu thereof. In Canada, courts determine what the reasonable notice period is in any given case based on the Bardal factors, which include character of employment, length of service, age, and availability of similar employment having regard to the experience, training and qualifications of the employee. However, other considerations may also come into play.  In Fraser v Canerector Inc, 2015 ONSC 2138, the Ontario Superior Court of Justice included an additional factor in its decision – the time of year. Mr. Fraser had…

On November 29, 2019, Bill Peters resigned as head coach of the NHL’s Calgary Flames. This came four days after Nigerian-born Akim Aliu alleged that Peters used racial slurs towards him 10 years ago when Peters coached him on the AHL’s Rockford IceHogs. Subsequently, allegations of physical abuse were made by other players formerly coached by Peters. Given that NHL head coaches are often terminated suddenly when their teams underperform, many wondered why it took four days for his tenure with the Flames to come to an end. The likely answers to many peoples’ questions offer a good review of…