Another year is winding to an end – which, of course,
means that it's time to reflect on the legal developments that
we have seen in Ontario during the year. In this blog, I will
present my non-exhaustive list of the most interesting developments
to employment law in Ontario in 2019.
Termination Clause Update
As I have
previously discussed, termination clauses are regularly
litigated, and 2019 was no exception. The most significant decision
in 2019 was likely the Ontario Court of Appeal's Andros v.
Colliers Macaulay Nicolls Inc., 2019 ONCA 679, released in
late August. I have
already discussed the decision in greater detail. Suffice it to
say that the decision has injected further uncertainty into the
legal effect of "failsafe" provisions in termination
clauses – i.e., provisions which purport to "read
up" otherwise unenforceable terms to comply with the
Employment Standards Act, 2000 (the
"ESA"). In Amberber v. IBM Canada Ltd.,
2018 ONCA 571, the Court of
