Topic
Termination Clause
95 published works
Canadian Labour and Employment Law
ONCA Upholds Termination Clause and Signals to Courts to Not Create Ambiguity Where None Exists
By George Avraam, Susan MacMillan
Last week, the Ontario Court of Appeal released yet another decision on the interpretation and enforceability of termination clauses: Amberber v. IBM Canada Ltd., 2018 ONCA 571. Recent appellate decisions…
Dutton Employment Law Blog
Employment Contracts for Startups
Introduction Canadian startups should have an employment contract for all new hires. An employment contract helps both parties understand the employment relationship, protects the startup in the event of the…
Canadian Labour and Employment Law
Alberta and Ontario Courts Diverge on Termination Clauses
By Jennifer Bernardo, Susan MacMillan
A recent decision of the Alberta Court of Appeal adds further confusion to the issue of the enforceability of termination clauses. In Holm v AGAT Laboratories Ltd, 2018 ABCA 23…
Global Workplace Insider
The never-ending search for fairness in a termination clause
By Ryan Freeman
Over the course of this past year there have been several important decisions dealing with the enforceability of termination clauses in employment agreements, and how a court is to interpret…
Blaneys Appeals
ONTARIO COURT OF APPEAL SUMMARIES (JANUARY 8 – JANUARY 12, 2018)
Below are this week’s summaries of the civil decisions of the Court of Appeal. Congratulations to our very own Bill Anderson for succeeding on the main issues in our client’s…
Canadian Labour and Employment Law
Ontario Court of Appeal Weighs in (Again) on Termination Clauses
By Jennifer Bernardo, Susan MacMillan
The Ontario Court of Appeal just released another decision on the interpretation and enforceability of termination clauses – the latest chapter in a less-than-clear set of guidelines. Generally speaking, a…
Canadian Labour and Employment Law
Court of Appeal Rules Termination Clause Valid on Sale of Business
By Courtney Laidlaw, Susan MacMillan
We are pleased to report that the Ontario Court of Appeal has reaffirmed the principle that a purchaser of the assets of a business is free to offer employment on…
Canadian Labour and Employment Law
Severability Clause Cannot Save Illegal Termination Provision, Court of Appeal Rules
By Jennifer Bernardo, Gillian Maharaj
In its recent decision in North v. Metaswitch Networks Corporation, the Ontario Court of Appeal concluded that a severability clause could not be used to “rewrite” or “read down” a…
Canadian Labour and Employment Law
SCC Decision Reminds Employers to Draft Termination Clauses with Care
By George Avraam, Susan MacMillan
The Supreme Court of Canada ("SCC") recently ruled that a unilateral contract renewal clause was valid, despite its potential to bind one party perpetually: Uniprix inc. v. Gestion Gosselin et…
Canadian Labour and Employment Law
Into the Void: Potential Future Violations of ESA Sufficient to Set Aside Employment Contract
By Mark Mendl
In the recent decision of Covenoho v. Pendylum Ltd., 2017 ONCA 284, the Ontario Court of Appeal put an end to any debate about the enforceability of termination provisions in…