A termination clause limiting an employee to minimum entitlements under Ontario’s Employment Standards Act (ESA) was upheld by the Superior Court of Justice, which ruled the provision did not violate …
Termination Clause
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Employment ContractsFeaturedWrongful Dismissal
‘Exacting standard’: Despite good-faith efforts, court strikes down termination clauses
While an Ontario judge said he had “no doubt” that an employer, advised by capable counsel, intended to comply with employment standards legislation with the language it used in its …
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Employment ContractsFeaturedWrongful Dismissal
Employer’s ‘at any time’ termination clause ruled unenforceable by Ontario court
An Ontario court has ruled that an employer’s termination provisions in an employment contract were unenforceable, rejecting a motion for summary judgment in a wrongful dismissal case. The decision reinforces …
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FeaturedWrongful Dismissal
‘Sophisticated executive:’ Alberta construction employer’s 90-day termination clause for senior leader upheld
An Alberta-based construction employer’s decision to dismiss a senior executive has shed light on how courts may interpret carefully negotiated termination clauses. The dispute involved J.S., a veteran construction professional …
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Employment ContractsFeaturedWrongful Dismissal
Alberta court says termination clauses must be ‘clear and ambiguous’ to displace common law, upholds 10-month notice period
The Alberta Court of King’s Bench has dismissed an employer’s appeal in a wrongful dismissal case, reinforcing that an employment contract’s termination clause must be “clear and unambiguous” before it …
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Employment ContractsFeatured
‘Refreshing reminder’: Ontario court upholds termination clause, signaling shift to a more employer-friendly approach
By Norm Keith, Richelle Pollard, and Joseph Cammalleri A new case has upheld a termination clause in an employment contract that “bucks the recent judicial trend.” While most termination clauses …
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Employment ContractsFeaturedWrongful Dismissal
B.C. court awards dismissed manager 4.5 months’ pay, finds termination clause unenforceable
ABC Insurance Solutions wrongfully dismissed one of its former customer service managers, the Supreme Court of British Columbia has ruled. It awarded her four and a half months’ pay in …
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Employment ContractsFeaturedLegal Costs
B.C. court cites lack of consideration in nullifying second contract signed in a day by new hire at Thinkific Labs
What happens when an employee agrees to an employment contract only to receive a second document hours later with new terms on termination and non-competition? This scenario recently unfolded at …
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Employment ContractsFeaturedUncategorized
Ontario employer’s bid to limit notice in fixed-term contract dispute over invalid termination clauses rejected by Court of Appeal
The Court of Appeal for Ontario has dismissed the notion put forth by an employer that, due to invalid termination clauses, its fixed-term employment agreement would merely entitle a former …
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Employment ContractsFeaturedRecommendedWrongful Dismissal
Ontario judge tosses out termination clause that specified no notice for just cause dismissal
A termination clause has been struck down by an Ontario court because it stated that no payments would be made in case of a “just cause” termination. Paul Summers was …