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Decision exposes fault lines underpinning termination clauses

Monday, November 06, 2017 @ 9:24 AM | By Stephen Moreau

In North v. Metaswitch Networks Corporation 2017 ONCA 790, the Court of Appeal was recently asked to grapple, again, with a not entirely clear termination clause found in an employment agreement.  

While the court’s decision correctly resolves one narrow but important issue that arises with some termination clauses (by holding that a void/illegal termination clause cannot be saved by a general severability clause commonly found in contracts), North offers another example of a decision in an area of law fraught with uncertainty. I feel it is...