Ontario Superior Court applies Waksdale Decision to Invalidate Termination Provision

Ontario Superior Court applies Waksdale Decision to Invalidate Termination Provision In Sewell v. Provincial Fruit Co. Limited, 2020 ONSC 4406, the plaintiff brought a motion for summary judgment to determine the notice payable because of his termination. The plaintiff had signed an employment contract which included the following termination clause: b) Termination by the Company…

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Another One Bites the Dust…Court of Appeal Strikes Down Termination Provision

Signing a Release

In a recent decision, the Ontario Court of Appeal has found that where an employment agreement has a “for cause” termination provision which violates the ESA and a “without cause provision” which complies with the ESA, both provisions will be struck down as unenforceable.  This is the case even if the employee is being terminated “without cause” and even in the face of a severability clause. 

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Private Arbitration – A Solution to Courthouse Gridlock?

Private Arbitration – A Solution to Courthouse Gridlock? The recent outbreak of COVID-19 is forcing the Ontario court system to evolve in order to maintain access to justice. Unfortunately, the Ontario courts remain significantly backlogged and while some hearings have resumed, most trials are still being adjourned and many civil matters will likely take even…

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Ottawa Employment Lawyers | Forfeiture of Unvested Shares

I was fired without cause. What happened to my company shares or stock options? Justin A. Villeneuve Lawyer – Litigation Your job was just terminated “without cause” and as if it’s not bad enough that you just lost your job, you also find out that your shares in the company are no longer yours. Just…

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Should I waive my right to a home inspection?

Should I wave my right to a home inspection? Vlado Hajtol Partner – Solicitor We placed an offer on a house, which was accepted by the sellers. The agreement is conditional upon a satisfactory home inspection. The house was built only a few years ago and we are considering waiving our right to a home…

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