In the first half of 2025, the Ontario Court of Appeal issued a series of impactful employment law rulings. These decisions clarified the law on enforcing contracts, mitigating losses, an employee’s fiduciary duties, and termination clauses. They offer important guidance to lawyers, employers and employees. Let’s look at six of the most significant appellate decisions so far this year.
In Brant Securities Limited v Goss, 2025 ONCA 8, former executive Mr. Goss received a $1.6 million loan under his employment agreement, repayable by annual bonuses. After his termination, Brant sought repayment of the loan based on an amended promissory note. Goss argued the amendment was unenforceable due to a lack of fresh consideration.
The Court of Appeal upheld enforcing the amended note. The Court found there was consideration in the form of deferred tax consequences, extended interest-free terms, and clarified loan terms—non-monetary benefits that still had value to the employee.
The takeaway? Valid consideration for amending employment-related agreements can include non-cash benefits that provide clarity, flexibility, or other practical advantages to the employee.
In Boyer v Callidus Capital Corporation, 2025 ONCA 79, Mr. Boyer had retired but later claimed...
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