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Following are the summaries for this week’s civil decisions of the Court of Appeal for Ontario.
First off, we would like to congratulate our firm’s very own, David Greenwood, for the excellent result obtained in Mikelsteins v. Morrison Hershfield Limited. The Court dealt with the question of whether an employee who had been terminated was entitled to an increase in the value of shares that he held in the corporation, along with a share bonus, through the reasonable period of notice. The Court held that the terms of the Shareholders’ Agreement alone govern the employee’s rights regarding his shares, not the common law principle of reasonable notice. The employee received what he was contractually entitled to receive under the Shareholders’ Agreement and the Employment Standards Act, 2000 had no application.