When the clause is drafted to limit, but ends up exposing.
In Baker v. Van Dolder’s Home Team Inc., 2025 ONSC 952, I argued that a termination provision, though styled as ESA-compliant, was in fact unenforceable under Waksdale, Perretta and Dufault. The Court agreed. The employer relied on Bertsch v. Datastealth Inc. to support the clause, but the Court distinguished it clearly. Unlike Bertsch, the agreement […]