In its recent decision in North v. Metaswitch Networks Corporation, the Ontario Court of Appeal concluded that a severability clause could not be used to “rewrite” or “read down” a termination provision to make it comply with the Employment Standards Act (the “ESA”). Instead, the Court of Appeal held, where any part of a termination clause is void, the entire provision must be struck and the severability clause becomes inoperative. This case is a reminder to employers that there are no shortcuts when it comes to drafting your employment agreements—termination provisions must be carefully drafted to limit termination liability without breaching local employment standards. Continue Reading Severability Clause Cannot Save Illegal Termination Provision, Court of Appeal Rules
Gillian Maharaj is an associate in Baker McKenzie's Toronto office. A graduate of Osgoode Hall Law School, Gillian completed her articles at a leading employment and labour law firm, focusing on human resources law and advocacy.
Gillian is also involved in pro bono work. Her experience includes the Family Law Information Clinic at Newmarket Superior Court, the Will Drafting Project with Pro Bono Students Canada, Court Intake work at Scarborough Criminal Court, and the Child Protection Externship at the Children’s Aid Society of Toronto.