Businessman running fast upstairs
Businessman running fast upstairs
Businessman running fast upstairs

Securing talent is a challenge in today’s marketplace for any organization. A key to an organization’s ability to attract, secure and retain talent is the compensation programs it creates for its directors, executives, employees, and contractors. Thoughtful compensation programs are an integral part of an organization’s overall success and good corporate governance.

Whether working with founders and emerging companies or well established multi-nationals, McMillan’s Executive Compensation Team assists businesses operating in all industries to effectively structure and maintain compensation programs.  We have extensive experience with the gamut of programs including annual incentive plans, bonus pools, change of control agreements, deferred compensation arrangements, digital tokens, profit sharing programs, equity incentive plans, phantom equity plans, long-term incentive programs, cash award plans, and restricted stock unit and stock option grants.

Deals and Cases

  • Annual Incentive Plan for a multinational financial services corporation
  • Change of control arrangements for executives of an Ontario based exploration and development company
  • Equity Incentive Plan and Option Agreements for a U.S. based fintech company
  • Equity Incentive Plan and RSU Agreements for a U.S. based cloud security company
  • Employee Stock Purchase Plan for a leading food service and facilities provider
  • Employee Stock Purchase Plan for a U.S. based cloud infrastructure provider
  • Executive Bonus Plan for a U.S. based telecommunications company
  • Inducement Plan for a publicly traded therapeutics company
  • Transaction Bonus Agreements for a leading Canadian forest product company and a leading international brewing company
  • “Tokenized” Equity Incentive Plan for a U.S. based software development company

Insights (9 Posts)View More

Featured Insight

Employer Ordered to Pay Retired VP $1.8-million in Deferred Bonuses, Stock Options and Unused Vacation

A recent Ontario decision affirms that employers may be liable for significant bonus, stock option, and vacation payouts absent clearly communicated policies.

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Feb 5, 2024
Featured Insight

The Tide Turns: Positive Decision for Employers Seeking to Enforce Stock Agreements

A practical assessment of stock award agreements and employee acceptance for employers seeking to enforce stock award agreements.

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Nov 23, 2021
Featured Insight

Court of Appeal Affirms Decision Limiting Employee Equity Entitlements

Ontario Court of Appeal updates the law on post-termination equity entitlements and reiterates the distinction between employee and shareholder rights.

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Apr 27, 2021
Featured Insight

Court Reinstates Million Dollar Damages Award to Constructively Dismissed Employee

Matthews v Ocean Nutrition Canada Ltd. recently set a very high bar for employers seeking to limit an employee's
common law right to bonus payments

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Oct 15, 2020
Featured Insight

Court Imposes “Harsh and Oppressive” Standard in Refusing to Enforce Stock Plan

The Ontario Superior Court refused to enforce a termination provision, similar to those commonly found in stock award agreements

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Sep 28, 2020
Featured Insight

We Do Not Think It Means What You Think It Means: The Ontario Court of Appeal Addresses Incentive Compensation Plans in O’Reilly v. IMAX Corporation

Ontario Court of Appeal comments on the interpretation of incentive pay clauses: A cautionary tale for employers.

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Jan 28, 2020
Featured Insight

Finance Puts the Brakes on Proposed Employee Stock Option Amendments

Department of Finance issued a release on December 19, 2019 advising that the stock option amendments would not come into effect as of January 1, 2020.

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Dec 19, 2019
Featured Insight

Ontario Court of Appeal: Employment Standards Act, 2000 Does Not Apply to Shareholder Rights

Ontario’s Court of Appeal has issued an important decision – in Mikelsteins v. Morrison Hershfield Limited[1] – that draws a clear distinction between employment rights and shareholder rights.

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Jul 30, 2019
Featured Insight

Supreme Court of Canada Likely to Consider Post-Termination Bonus Entitlements

Supreme Court of Canada Likely to Consider Post-Termination Bonus Entitlements

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Feb 26, 2019