Appeal allowed; termination without notice provision in employment contract enforced as it was not unconscionable.
The respondent worked as a commissioned salesperson for the appellant under an agreement that allowed either party to terminate without notice or penalty.
The trial judge found this provision unconscionable due to unequal bargaining power and awarded reasonable notice.
On appeal, the Court of Appeal set aside the trial judgment, finding no evidence of unconscionability, duress, or vulnerability.
The respondent understood the contract, which contained terms beneficial to him, and the termination provision was enforced.
Ron Aqwa v. Centennial Home Renovations Ltd., 2003 ONCA 20878
