"At any time": The Merits, and the Limits, of the Dufault/Baker Approach
A little over a year ago, in Dufault v. Ignace , Justice Pierce of the Ontario Superior Court of Justice accepted an argument that a termination clause entitling the employer to dismiss on a not-for-cause basis "at any time" was in conflict with employment standards legislation, thus voiding the entire termination clause. The Court of Appeal dismissed the employer's appeal , finding that the Waksdale problem in the contract was fatal, and declined to address the merits of the "at any time" issue. Subsequently, in Baker v. Van Dolder's , Justice Sproat - found that he was bound to follow Justice Pierce's decision (as well as the Perretta approach I recently commented on ). It's an interesting case because, while Justice Sproat is himself a well-regarded employment law jurist, he didn't engage much with the underlying principles, instead looking to the doctrine of stare decisis ("it stands decided") as recently expanded upon by the SCC...