Enforcing termination clauses just got more difficult in Ontario

By Fiona Brown and Matthew Patterson ( August 4, 2020, 8:20 AM EDT) -- The Ontario Divisional Court has once again made it more difficult to enforce termination clauses. In Rutledge v. Canaan Construction Inc. 2020 ONSC 4246 the court held a termination clause to be unenforceable despite it affording an employee all of his statutory protections and entitlements in his current position with the company. The court found that the agreement could only violate the Employment Standards Act, 2000 (ESA) if his position changed or if the company grew, but still found that this was sufficient to render it unenforceable....