Court confirms: precise wording can limit severance to ESA minimums
Employment Law Soudeh Hosseini Employment Law Soudeh Hosseini

Court confirms: precise wording can limit severance to ESA minimums

When it comes to termination clauses, a single word can make the difference between a modest payout and a significant severance award. The Ontario Court of Appeal’s recent decision in Bertsch v. Datastealth Inc. (2025 ONCA 379) is a reminder that airtight drafting can protect employers, while unclear wording can expose them to major liability.

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Mitigation in wrongful dismissal: Court of Appeal raises the bar for employers
Employment Law Soudeh Hosseini Employment Law Soudeh Hosseini

Mitigation in wrongful dismissal: Court of Appeal raises the bar for employers

When a long-serving employee is dismissed, the law requires them to take reasonable steps to look for new work. This is called the “duty to mitigate.” But what happens when an employer argues that the employee didn’t try hard enough? The Ontario Court of Appeal recently gave a clear answer in Pateman v. Koolatron Corporation, 2025 ONCA 224.

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