Maynard v. Johnson Controls Canada LP

2023 ONCA 392 (CanLII)Court of Appeal for OntarioDecided Severance pay

Maynard v. Johnson Controls: Severance Pay Appeal

Summary

This is an appeal from a summary judgment decision concerning the calculation of termination pay and severance under an employment agreement. The Court of Appeal for Ontario dismissed the appeal, upholding the lower court's finding that the employer's Share and Incentive Plan forfeiture provision was undisclosed and that RSUs and bonuses must be included in the para. 16 payment calculation. The court also rejected the employer's argument that the agreement limited entitlements to Employment Standards Act minimums.

Outcome

appeal dismissed

Award

summary judgment upheld; employee entitled to full para. 16 amount including RSUs and bonuses

Key Factors

  • termination pay calculation
  • RSU inclusion
  • incentive compensation
  • contract interpretation
  • summary judgment

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This is legal information, not legal advice. Ontario Severance is an educational tool. If you are facing a serious employment law matter, consult with a qualified employment lawyer in Ontario.