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Employment agreements are often treated as risk management tools. Employers rely on them to set workplace expectations and limit liability on termination. But an agreement only serves that purpose if it actually survives judicial scrutiny, and for the past few years, termination clause litigation in Ontario has increasingly turned on whether a court can find some theoretical reading of a clause that would violate the Employment Standards Act, 2000 ("ESA"), even where that plainly is not what the parties meant.

In a recent decision, Vyazemskaya v. Safin, the Court of Appeal for Ontario grappled with the complex issue of recognizing a foreign divorce in Canada and its implications on spousal support entitlements.