Information About Labour Pains

What is the state of the law of Ontario on termination clauses as of Labour Day 2025? To say that the Ontario courts’ approach to contractual termination clauses has been a bit of a whirlwind over the last five years might be an understatement. Let’s recall that Waksdale, now nearly as ubiquitous as … Read more »

An employer’s mistake as to its legal obligations can invalidate a contractual termination provision. In Perretta v. Rand A Technology Corporation, 2021 ONSC 2111 (CanLII), Justice Andrew A. Sanfilippo held that an employer’s refusal to pay its former employee the two weeks to which she was contract … Read more »

A knowingly false allegation of “cause” can void an otherwise valid termination provision. In Dixon v British Columbia Transit, [1995] BCJ No 1892 (BC SC), the British Columbia Supreme Court held that an employer could not rely on its contractual termination provision to limit its severance obligati … Read more »

Can an employer withdraw a termination of employment after it has been delivered to its employee? In a series of cases from the Ontario Superior Court of Justice, one of which I argued, judges have consistently held that an employer cannot. … Read more »

When calculating damages for failing to provide reasonable notice of termination, can an employer deduct statutory termination pay and severance already paid to the employee? The 1996 decision of the Court of Appeal for Ontario in Stevens v. The Globe and Mail, 1996 CanLII 10215 (ON CA), affirmed th … Read more »