Law360 Canada (October 19, 2023, 6:14 AM EDT) -- Motion by Plaintiff for summary judgment against Defendant with respect to his wrongful dismissal. The Defendant hired the Plaintiff pursuant to a written Employment Agreement (Agreement). Aside from his base pay and performance bonuses, the Plaintiff received stock options. After more than a year, the Plaintiff was terminated without cause. The Defendant paid the Plaintiff two weeks’ pay in lieu of the separation notice, paid his accrued vacation pay and health benefits for six months and was advised of the expiration of his unvested stock options a month from his termination. The Plaintiff sought damages and argued that the termination clause in the Agreement was unenforceable for failure to comply with the Employment Standards Act (ESA) on common law notice. The Plaintiff claimed that it was only after his termination that he took a closer read of the stock options agreement. The Plaintiff argued that the termination provision of the Agreement being void rendered the termination provision in the stock option agreements unenforceable. The Defendant submitted that the Plaintiff’s termination was governed by an enforceable termination clause that rebutted the presumption of common law reasonable notice. Further, the stock options agreements provisions intentionally anticipated all forms of termination, including the Plaintiff’s, and explicitly described the termination date to exclude any period of notice....