Employment Agreements and Termination Clauses – the Most Recent Developments in the Law

The Ontario Court of Appeal’s decision in 2020 Waksdale v. Swegon North America shook the world of Canadian employment law to its foundation.

In the half decade since that decision, the legal environment with respect to employment agreements and termination clauses that limit an employer’s liability on termination has decidedly shifted in favour of employees, placing even more scrutiny on employers to draft termination clauses that will survive the court’s withering analysis.

However, 2025 has been a favourable year for employers thus far with courts upholding termination clauses and other employer favourable provisions on termination – has the pendulum finally swung back to neutral?

In this timely webinar, we review the most recent case law developments with respect to termination clauses and other contractual provisions applicable on termination in Ontario as well as other common law provinces.

We also provide an overview of the state of the law of termination of employment in Quebec where courts take a very different approach on entitlements on termination under the Civil Code and provide attendees with helpful guidance regarding how to best use employment agreements to mitigate risk associated with employee terminations.