2 total
Termination clause void for ESA non-compliance despite commercial context; balance of fixed-term contract awarded.
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.
Motion to restrict defendant's attendance at discovery and use of transcript for workplace investigation dismissed.
The plaintiff brought a motion for directions regarding his examination for discovery in a wrongful dismissal action, seeking to exclude the defendant's representative, limit access to the transcript, and prevent its use in a workplace investigation.
The court dismissed the motion, finding no evidentiary basis to exclude the representative or restrict access to the transcript.
The court also authorized the defendant to use the discovery transcript to conduct a workplace investigation pursuant to its statutory obligations under the Occupational Health and Safety Act.
