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ARTICLE · 04 AUGUST 2025

"At Any Time And For Any Reason" Termination Clause Found Enforceable

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Over the past few years, Ontario law with respect to enforceability of termination provisions in employment contracts has evolved significantly.

CanadaEmployment and HR
Camille Dunbar
Camille Dunbar
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Over the past few years, Ontario law with respect to enforceability of termination provisions in employment contracts has evolved significantly. Both the Ontario Superior Court and the Court of Appeal have weighed in on, and dissected, the language contained in "for cause" and "without cause" termination provisions.

One of the most hotly contested aspects of termination provisions has been "at any time" language. Since 2020, and significantly in 2024, a few principles began to emerge from the case law regarding termination provisions:

  • a "without cause" termination provision that purported to give the employer "sole discretion" to terminate an employee's employment "at any time" may be unenforceable;1

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