Bergeron v. Movati Athletic (Group) Inc.
Termination Clause Dispute: Summary Judgment for Employee
Summary
A case involving the interpretation of a termination clause in an employment agreement, where the court granted summary judgment in favour of the employee, applying the principle of contra proferentem and considering Bardal factors for the calculation of reasonable notice. The court also addressed bonus entitlements and mitigation efforts.
Outcome
summary judgment granted in favour of the plaintiff
Award
damages for reasonable notice period and benefits damages fixed at percentage of base salary during notice period
Key Factors
- termination clauses
- reasonable notice
- wrongful dismissal
- Bardal factors
- summary judgment
Related Cases
Shynkarova v. 2554318 Ontario Ltd. O/a Tax Mechanic
2025 ONSC 6478 (CanLII) · 2025-11-10Wrongful Termination: Bardal Factors and Damages Awarded
A wrongful termination case involving an employee who was terminated nine days before the one-year anniversary of their employment. The court considered Bardal factors and awarded damages for lost benefits and additional notice. The case also addressed procedural issues related to a self-represented corporate defendant and the awarding of substantial indemnity costs.
Ghazvini et al v. Canadian Imperial Bank Of Commerce
2025 ONSC 5218 (CanLII) · 2025-09-25Termination Provisions Unenforceable: Reasonable Notice and Damages Awarded
A case involving termination provisions under the Canada Labour Code, where the court found termination clauses unenforceable due to ambiguity and overreach. The court also awarded reasonable notice and damages for lost compensation, and rejected the employer's claim that the employees failed to mitigate their damages.
Gaudette v. Charles and CSCNO
2025 ONSC 4902 (CanLII) · 2025-08-26Employment Jurisdiction Case: Labour Tribunals vs Court
A court case addressing jurisdictional issues in employment disputes, including the exclusive jurisdiction of labour tribunals over claims arising from collective agreements and employment terminations. The court ruled that claims related to employment disputes fall under the exclusive jurisdiction of labour tribunals.
Li v. Wayfair Canada ULC.
2025 ONSC 2959 (CanLII) · 2025-07-09Termination of Employment: Notice Period, RSUs, and Mitigation
A termination of employment case involving a plaintiff who was employed for nine months and sought common law notice beyond the Employment Standards Act minimums. The court applied Bardal factors and found a four-month notice period appropriate. The case also addressed the vesting of Restricted Stock Units during the notice period and the enforceability of a termination clause in the employment agreement.
Kondaj v. Crossbridge Condominium Services Ltd.
2025 ONSC 3905 (CanLII) · 2025-06-30Termination of Employment: Common Law Notice and Statutory Interpretation
A case involving the termination of employment where the court determined that the incoming service provider was liable for common law notice to the plaintiff. The court also addressed the interpretation of successor employer provisions and the application of reasonable notice principles, including mitigation of damages and the enforceability of termination clauses.
This is legal information, not legal advice. Ontario Severance is an educational tool. If you are facing a serious employment law matter, consult with a qualified employment lawyer in Ontario.