Topic
Termination Clause
95 published works
Ogletree Deakins Insights
Ontario Court Reaffirms Importance of Clear and Compliant Language in Employment Agreements
By By: Gloria Ilunga, Christina Kaszap
Quick Hits The Court of Appeal for Ontario highlighted three key points in Dufault v. Ignance (Township): the ESA is intended to protect employee interests; courts should interpret termination of…
Canadian Labour and Employment Law
Don’t Let Perfect Be the Enemy of Excellent: Ontario Court Validates Termination Clause that is Unambiguous and Legal
By George Avraam, Jennifer Bernardo, Matthew De Lio
In the recent case of Bertsch v. Datastealth Inc., 2024 ONSC 5593 (Bertsch), an Ontario court upheld a termination provision that did not specify every detail. While recent decisions suggest…
Rudner Law Blog
Reminder: Saving Provisions Will Not Save an Unenforceable Termination Clause
In the recent decision of Wilds v. 1959612 Ontario Inc., the Ontario Superior Court of Justice provided yet another reminder that saving provisions in an employment agreement will not save…
ContractsProf Blog
Walmart Wins Right to Terminate Its Credit Card Deal with Capital One
Since 2018, Capital One has been the exclusive provider of credit cards for Walmart. The parties' agreement specified that Walmart could terminate their agreement if Capital One failed to meet…
Canadian Lawyer Mag
Ontario Superior Court upholds wrongful dismissal due to unenforceable termination provisions
The plaintiff is an executive assistant who was terminated without cause
Rudner Law Blog
Yes, We Found Another Way to Invalidate Your Termination Clause
By David Gelles
If you’re an employment law nerd – or worse, have had to actually deal with a termination – then you are well aware that it is open season on termination…
Rudner Law Blog
Ontario Courts Continue to Strike Down Improperly Drafted Termination Clauses
For some time now, it has been clear that Ontario courts are taking a no-nonsense approach to the interpretation of termination clauses. Since the Waksdale decision in 2020, the courts…
Employment & Human Rights Law in Canada
Another Termination Clause Bites the Dust
By Ben Currie
Employers have another reason to worry about their termination clauses. Following the case of Waksdale v Swegon North America Inc., 2020 ONCA 391, Ontario courts have placed increased scrutiny on…
Rudner Law Blog
Your Termination Clause May Be Invalidated “At Any Time”
By David Gelles
It’s no secret that courts are highly protective of employee rights, and that while the pendulum tends to swing back and forth over time, we are currently in a pro-employee…
Achkar Law Blog
The Impact of the Ontario Court’s Decision on Employment Contract Termination Clauses
In a landmark ruling that could reshape the landscape of employment law in Ontario, the Ontario Superior Court of Justice’s decision in Dufault v. The Corporation of the Township of…