Check Your Employment Contracts: Leave to Appeal Denied in Waksdale
Recently, the Supreme Court of Canada denied leave to appeal in Waksdale v Swegon North America Inc (Waksdale), which means that the Ontario Court of Appeal’s decision remains the law in Ontario. This decision is critical because it renders the majority of termination clauses in employment contracts unenforceable, leaving employers exposed to significant liability under the common law.
The Ontario Court of Appeal held that a termination clause must be looked at in its entirety,…