Canadian Lawyer

April 2021

The most widely read magazine for Canadian lawyers

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38 www.canadianlawyermag.com TWO APPELLATE court decisions handed down last year got the employment law bar talking. In June, the Court of Appeal for Ontario decided in Waksdale v. Swegon North America Inc. that a "without cause" termina- tion provision in an employment agreement Appellate court decisions in Waksdale and Ocean Nutrition show a need for clear and unambiguous language in order to remove employee protections, writes Elizabeth Raymer Decisions create uncertainty for employers was unenforceable because the employ- ment agreement also contained a "just cause" provision that contracted out of the minimum standards of the Employment Standards Act. (In January, the Supreme Court of Canada denied the respondent leave to appeal the decision.) LEGAL REPORT LABOUR AND EMPLOYMENT In October, the Supreme Court released its judgment in Matthews v. Ocean Nutrition Canada Limited, finding that an employee deemed to have been constructively dismissed was entitled to a payment under a long-term incentive plan because the "realization event" occurred during the reasonable notice period.

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