Bois v. MD Physician Services Inc.
Bois v. MD Physician Services: Bonus & ESA Appeal
Summary
This appeal concerns whether an employee who resigned before bonus payout dates was entitled to receive installments under a Variable Incentive Plan containing an 'active employment' requirement. The Court of Appeal for Ontario upheld the requirement, finding that future bonus installments did not constitute 'wages' under the Employment Standards Act at the time of resignation and that the clause did not violate the Act's prohibition on withholding wages.
Outcome
appeal dismissed
Key Factors
- Employment Standards Act
- Bonus eligibility
- Active employment requirement
- Statutory interpretation
- Withholding wages
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