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Jed Blackburn Discusses Termination Clauses with Law Times

Publish: 11/15/2016

Jed Blackburn has been quoted in the article "SCC Needs to Clarify Termination Clauses," published in the November 14, 2016, edition of Law Times.

This article looks at the need for the Supreme Court of Canada to "step in to dispel growing uncertainty over the enforceability of termination clauses" following the decision in Oudin v. Centre Francophone de Toronto, "a case that has set the employment law bar abuzz." In the initial decision, Ontario Superior Court of Justice Sean Dunphy "appeared to go against a recent line of cases where termination clauses were voided for failing to explicitly state that severance entitlements and benefits continuation will be provided according to the ESA."

Says Jed: "The Court of Appeal's endorsement of Dunphy's 'common sense' approach to termination clause interpretation will boost employers, but it is unlikely to signal a major shift in the approach judges take to the issue. In terms of challenging enforcement clauses, the upper hand is still safely with the employee, but this helps to re-balance the debate a little."

Read the full story here.