Christopher Achkar

The proposed intervener coalition sought leave to intervene in an employment-contract appeal concerning enforceability of termination provisions.

The court held the coalition would provide a distinct perspective on the effects of termination clauses on vulnerable and low-wage workers and granted leave on terms aligned with a prior intervener order.

The court considered a summary judgment motion in a wrongful dismissal case.

The enforceability of the "with cause" and "without cause" termination provisions in the plaintiff's employment contract was at issue.

The court found both provisions unenforceable because they contravened the Employment Standards Act, 2000, following the reasoning in Dufault v. The Corporation of the Township of Ignace and Perretta v. Rand A Technology Corporation.

As a result, the defendant's motion for summary judgment was dismissed, and a further hearing was ordered to determine damages.

The applicant filed a Request to Withdraw the human rights application.

The respondents consented but requested the withdrawal be marked 'with prejudice' to prevent re-litigation.

The Tribunal granted the withdrawal with prejudice regarding future applications to the Tribunal on the same issues, noting it has no jurisdiction to make orders regarding other potential proceedings.