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- Termination Without Cause “At Any Time� and “For Any Reason� Legally Acceptable? Maybe.
How does a court get around the pesky “any time,â€� “any reasonâ€� issue and find that a contractual termination provision containing such words is legally determinative of an employee’s entitlement? Simple. By failing to engage on the point. In Li v. Wayfair Canada ULC., 2025 ONSC 2959, the H … Read more »
- Canadian Human Rights Commission has Primary Jurisdiction for Federal Discrimination Complaints: FCA
When an unjust dismissal complaint under the Canada Labour Code alleges discrimination, does the Canada Industrial Relations Board (the “CIRBâ€�) have jurisdiction to hear it, or must the employee proceed through the Canadian Human Rights Commission instead? In Kaseke v. Toronto Dominion Bank, 202 … Read more »
- Where Are We Now? Contractual Termination Provisions Five Years Post-Waksdale.
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 ubiquitou … Read more »
- When a Mistake Becomes Repudiation: The Risk of Conditioning Termination Pay
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 cont … Read more »
- Repudiation by Allegation: The Risk of Falsely Alleging Cause
A knowingly false allegation of “causeâ€� 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 obli … Read more »