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Canada Contract Drafting Employment Contract

Bennett Jones LLP

Employment Termination Clauses: Lessons From Singh v Clark Builders

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In a recent decision, the Court of King’s Bench of Alberta upheld a freely negotiated termination clause with a sophisticated employee despite evolution to the employee’s role over the term of employment. The employee’s...more

Littler

Ontario, Canada Court Concludes Secondment Agreement Was Not a Fixed-term Employment Agreement

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In Nader v. University Health Network, 2022 ONSC 447, the court examined the language of a secondment agreement and concluded that the plaintiff-employee was not a fixed-term employee of the organization to which he was...more

Littler

Supreme Court of Canada Clarifies Duty to Exercise Contractual Discretion in Good Faith

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In 2020, the Supreme Court of Canada (SCC) heard arguments in Wastech Services Ltd. v. Greater Toronto Sewage and Drainage District, 2021 SCC 7 (Wastech) and C.M. Callow Inc. v. Zollinger, 2020 SCC 45 (Callow), both of which...more

Bennett Jones LLP

Courts Will Not Sever Defective Termination Provisions

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North v Metaswitch Networks Corporation, 2017 ONCA 790 [Metaswitch] is the latest in a series of employee-friendly appellate level decisions where a contractual termination provision is not enforced. The Ontario Court of...more

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