Recent Ontario case law is grappling with the interpretation of
phrases such as “at any time,” “sole
discretion” and “for any reason” in relation to
an employer's contractual right to limit an employee's
entitlement to common law notice. Notably, three
decisions, Dufault v. The Corporation of the Township of
Ignace, (“Dufault”), 2024 ONSC 1029, Baker v. Van
Dolder's Home Team Inc.,
(“Baker”), 2025 ONSC 952, and most recently Chan
v. NYX Capital Corp., (“Chan”), 2025 ONSC 4561, have cast doubt on the
enforceability of termination clauses containing such language,
suggesting that these phrases may render a clause void for
contravening the Employment Standards Act,
2000 (the “ESA”).
