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ARTICLE · 11 JULY 2025

"Canadianizing" Employment Agreements And Challenges To Mitigation

Filion Wakely Thorup Angeletti LLP
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In the recent case of Boyle v. Salesforce.com, 2025 ONSC 2580, the Superior Court of Justice (the "Court") discussed the enforceability of employment contracts containing references...

CanadaEmployment and HR
Naomi Santesteban
Naomi Santesteban
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Background

In the recent case of Boyle v. Salesforce.com, 2025 ONSC 2580, the Superior Court of Justice (the "Court") discussed the enforceability of employment contracts containing references to "at will" employment from the defendant company's American corporation. The Court also upheld the defendant's challenge to the plaintiff's mitigation efforts on the basis of a failure to produce a Notice of Assessment.

The plaintiff was employed by the defendant for approximately eight years when he was terminated as part of company-wide layoffs. At the time of his termination, the plaintiff was employed as a Senior Success Signature Engineer – Core and was 49 years old. The plaintiff's employment contract contained a termination clause purporting to limit his entitlements on termination. However, the plaintiff argued that the employment contract did not comply with the Employment Standards Act, 2000 ("ESA") and was unenforceable.

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