Wood v. Fred Deeley Imports Ltd.

2017 ONCA 158 (CanLII)Court of Appeal for OntarioDecided Wrongful dismissal

Wood v. Fred Deeley: 9 Months Notice Appeal

Summary

The Court of Appeal for Ontario heard an appeal regarding the enforceability of a termination clause in an employment agreement and the adequacy of the reasonable notice period awarded. The case addressed whether a clause excluding statutory benefit contributions was unenforceable and whether fresh consideration was required for an agreement signed after employment began. The court reviewed the motion judge's award of nine months' notice for a plaintiff employed for over eight years.

Outcome

appeal dismissed

Award

nine months' notice

Key Factors

  • termination clause enforceability
  • Employment Standards Act compliance
  • reasonable notice
  • fresh consideration
  • Bardal factors

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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.