Expert Analysis

No ‘magic words’: Ontario Court of Appeal takes contextual approach to termination clauses

By Soma Ray-Ellis and Max Ray-Ellis ( August 14, 2026, 2:20 PM EDT) -- After six years of uncertainty following the seminal decision of the Court of Appeal for Ontario in Waksdale v. Swegon North America Inc., 2020 ONCA 391, the court has provided employers and employees with some much-needed clarification with respect to the enforceability of termination provisions in employment contracts in Ontario....