Supreme Court denies leave to appeal in Waksdale v Swegon North America Inc.

On January 14, 2021, the Supreme Court of Canada released its judgment denying leave to appeal of the groundbreaking Court of Appeal decision in Waksdale v Swegon North America Inc. The implications of this decision are likely significant. Jennifer Mathers McHenry comments:

“In my view that decision remaining good law invalidates (or at least puts at serious risk of invalidation) the overwhelming majority of employee contracts in Ontario. Fun times ahead in employment law. If you are an employer, it’s time to revisit your contracts. If you are an employee who is dismissed, please be aware your contract may no longer limit your entitlement to common law damages for wrongful dismissal.”

For more information, see Amanda Pizzardi’s  September 2020 post discussing the contract-busting application of Waksdale in Sewell v Provincial Fruit Co. Limited.