The plaintiff brought a motion for summary judgment for wrongful dismissal after being terminated from a three-year fixed-term employment contract.
The employment agreement was negotiated alongside a share purchase agreement.
The court found that the 'just cause' termination provision violated the Employment Standards Act, 2000, rendering the entire termination clause void, despite the commercial context and the parties' sophistication.
The plaintiff was awarded the balance of the fixed-term contract (approximately 20 months) without a duty to mitigate, plus 10% for benefits, less CERB payments received.
