Dufault Is Not Default: Ontario Court Upholds "At Any Time" Termination Language

The Ontario Superior Court of Justice has released its ruling in Li v. Wayfair Canada Inc., [currently unreported – contact me for a copy of the decision], an employment law decision that helpfully reins in what appeared to be a general over-enthusiasm for, and perhaps a misunderstanding of, the real point of its earlier decision in Dufault v. Town of Ignace. As dedicated Employers' Edge blog readers will know, the Dufault decision struck down the termination language in an employment agreement because it asserted that the employer could terminate the employee "at any time" subject to conditions. The Court voided the termination provisions in that case because the "at any time" language did not preserve the employee's rights under the Employment Standards Act, 2000, such as for job-protected leaves of absence and anti-reprisal rights. However, in Wayfair, the Court was explicit in distinguishing the language and interpretation of the impugned termination provision.