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
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.
A practical assessment of stock award agreements and employee acceptance for employers seeking to enforce stock award agreements.
Ontario Court of Appeal updates the law on post-termination equity entitlements and reiterates the distinction between employee and shareholder rights.
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
The Ontario Superior Court refused to enforce a termination provision, similar to those commonly found in stock award agreements
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.
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.
Ontario’s Court of Appeal has issued an important decision – in Mikelsteins v. Morrison Hershfield Limited – that draws a clear distinction between employment rights and shareholder rights.
Supreme Court of Canada Likely to Consider Post-Termination Bonus Entitlements
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