Article
Wigdor V. Facebook Canada Ltd. And The Problem With “Explicitly” Contracting Out Of Notice Periods
The Ontario Court of Appeal's decision in Wigdor v. Facebook Canada Ltd. awarded a former employee over US$4.7 million in Restricted Share Units, establishing that such benefits must continue vesting during statutory notice periods. This landmark ruling emphasizes the critical importance of statutory compliance in employment agreements, particularly following business acquisitions, and clarifies that forfeiture provisions cannot override employees' rights to contractual benefits during notice periods.
CLC (Canadian Litigation Counsel)