To enforce or not to enforce ESA-only termination clauses: That is the question!

April 16, 2017 0 COMMENTS

by Sophie Arseneault

Employers celebrated the January 2017 decision of the Ontario Superior Court of Justice in Cook v. Hatch upholding a termination clause that did not speak to statutory severance pay or the requirement to maintain health benefits during the statutory notice period. A month later, employers were left scratching their heads once again when the Court of Appeal for Ontario (ONCA) responded with its decision in Wood v. Fred Deeley Imports Ltd, 2017 ONCA 158, overturning a motion judge’s ruling refusing to invalidate a very similar provision.

Cook v. Hatch

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