The plaintiff brought a motion for summary judgment seeking a declaration that the termination provisions in his employment agreement were unenforceable and that he was entitled to common law reasonable notice.
The agreement limited termination notice to the minimum required by the Employment Standards Act, 2000 (ESA).
The court rejected arguments that the employer had repudiated the agreement or that the termination clause was void for contracting out of ESA minimum standards or for ambiguity.
Applying contractual interpretation principles and the agreement’s severability clause, the court held the termination provision valid and enforceable.
The motion was dismissed and the ESA-based termination provision governed the notice entitlement.
