Baker Decision

by Alex Vigneault | Sep 3, 2026 | Cases, Construction & Employment Law, Litigation Insights & Court Updates

Termination clauses in employment contracts are consistently one of the most debated and contentious aspects of Ontario employment law, largely for one main reason: a strong, court-upheld termination clause can limit an employee’s entitlement to notice (or pay in lieu of) to the minimums prescribed by the Employment Standards Act (“ESA”), where they may have otherwise been entitled to much, much more under common law.