The appellant, Losani Homes (1998) Ltd., appealed a lower court decision that found their employment termination clauses void but upheld the validity of a fixed-term employment contract for the respondent, Kim Kopyl.
Losani Homes argued that the invalidity of the termination clauses, per *Waksdale*, should also void the fixed-term clause, converting the contract to one terminable on reasonable notice with a duty to mitigate.
The Court of Appeal dismissed the appeal, affirming that the invalidity of termination clauses does not affect a fixed-term clause, distinguishing *Waksdale* and reaffirming *Howard v. Benson Group Inc.* The Court held that the employee was entitled to compensation for the unexpired portion of the fixed term without a duty to mitigate.
