Termination Clause Archives

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July 31, 2025

Employers can protect their interests by proper drafting and proactive legal review, particularly when it comes to long-term incentive compensation.

Ontario Court of Appeal – ESA Compliant Language Can Exclude Common Law Notice

June 23, 2025

Helpful guidance for employers: when properly drafted, unambiguous termination clauses prevent costly common law notice claims.

Supreme Court of Canada Ruling in Dufault v. Municipality of Ignace Stands: ESA Compliance in Termination Clauses Is Non-Negotiable

June 13, 2025

The Dufault v. Ignace (Township) case is yet another warning to employers that ESA compliance is not optional.

Refusing COVID-19 Vaccination – Not Just Cause for Dismissal

June 5, 2025

The Court ruled WestJet was not justified in dismissing an employee for cause who refused to comply with its COVID-19 vaccination policy.

Ambiguous Termination Clauses Will Be Interpreted in Favour of Employees
May 13, 2025
The law will continue to favour employee protection when termination clauses are in question and not in compliance with the ESA.

A Win for Employers: Ontario Court Upholds Termination Clause
January 14, 2025
Employers can protect themselves from significant liability by limiting termination entitlements to ESA minimums.

Understanding Ontario Appeal Court’s Ruling on Fixed-Term Contracts
May 24, 2024
The Court of Appeal for Ontario addressed the complexities surrounding fixed-term contracts and termination clauses.

“Terminate in “Sole Discretion””? – ESA Compliance Critical
February 29, 2024
The case of Dufault v. The Corporation of the Township of Ignace casts a spotlight on the criticality of ESA compliance when drafting employment contr Read More...

International Charity (Not-for-Profit) Organization with Unionized and Non-Unionized employees
"Minken Employment Lawyers has assisted Canadian branch with grievances and labour issues, advising us with respect to our Collective Agreement, drafting employment contracts and advising with respect to ensuring the employment contracts will be upheld in Court, advising and strategizing with respect to terminations and exit packages, as well as various policies and practices relating to employee matters both locally and abroad.”

“Minken & Associates proved to me that not all law firms are the same.” - Z.B.

“Your expertise in cases such as mine was well worth the investment.” - S.S.

“It is always a pleasure dealing with professional companies and yours sets the bar to new heights.” - A.S.

“You are an excellent ambassador to your profession” - L.P.

“83% improvement in the offer value.” - D.R.

“Thank you all again for the outstanding job!” - S.B.

“I credit Mr. Minken and the help he provided for keeping my employment situation intact.” - A.C.

“…welcoming atmosphere right along with the extremely professional service and guidance...” - M.S.

“Several issues, both monetary and otherwise, were resolved, without dispute, to my satisfaction.” - B.R.

“Increased my severance package by 300%! Fantastic result!” - M.E. Read More…

Osgoode Professional Development
“…Ron presented a topic entitled “Just Cause” Round-Up. His presentation was well researched, informative, and well-received. I enjoyed Ron’s enthusiasm and would highly recommend him as a speaker to other professional organizations.”
- Stuart Rudner, Miller Thomson LLP

“Mr. Minken, you are an excellent ambassador to your profession.” - L.P.

Law Firm
“Minken has produced favourable results for our firm in every case that they have handled for us. Ron's advice in handling various employment matters has resulted in substantial financial savings to our firm. Minken truly goes the "extra mile" in providing superior service.”

Executive Termination Settlement avoiding Litigation
“Your efforts and expertise have significantly increased the overall value of the settlement provided to me. Your involvement not only increased the monetary value of the settlement but also served to ensure that several other issues, both monetary and otherwise, were resolved, without dispute, to my satisfaction.” - B.R.

Employment Contract Review - Director of Finances
“I would like to thank Mr. Minken for his help in reviewing my employment contract. I found that he was very informative in providing me with his expert knowledge on matters pertaining to my situation and advising me appropriately. I found that he went above and beyond what I expected, and I greatly appreciate his help. I would highly recommend his services to other people and have already done so.” - G.L.

“Ron, I want to thank you for the excellent job that you did as a mediator in our recent case. Your neutral but effective approach assisted with defusing the tension in the litigation and assisted the parties in appraising the case realistically and practically. It is precisely what I want in a mediator - and too seldom experience.” - Howard Levitt, Levitt LLP

International Charity (Non-for-Profit) Organization with Unionized and Non-Unionized employees
Minken Employment Lawyers has assisted Canadian branch with grievances and labour issues, advising us with respect to our Collective Agreement, drafting employment contracts and advising with respect to ensuring the employment contracts will be upheld in Court, advising and strategizing with respect to terminations and exit packages, as well as various policies and practices relating to employee matters both locally and abroad.”