Summary

37205

François Oudin v. Centre francophone de Toronto, Inc.

(Ontario) (Civil) (By Leave)

Keywords

None.

Summary

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Employment law – Termination – Where an employment agreement contains a termination of employment clause, under what circumstances is such a clause null and void for failing to adhere to employment standards legislation – Under what circumstances is such a clause interpreted as providing for reasonable notice at common law – What principles apply to the interpretation of such a clause and an employment contract – Should a strict interpretive test be favoured – How are inconsistencies in relevant jurisprudence to be resolved?

In 2000, Centre Francophone de Toronto, Inc. hired Mr. Oudin. The parties executed an employment agreement. In 2013, the Centre terminated his employment. He received 21 weeks of pay in lieu of notice pursuant to a termination clause in the agreement. Mr. Oudin claimed wrongful dismissal. He brought a motion for a partial summary judgment that the Centre could not rely on the termination clause. The motions judge dismissed the motion and declared that the termination clause is valid and enforceable. The Court of Appeal dismissed an appeal.

Lower Court Rulings

October 29, 2015
Ontario Superior Court of Justice

CV-14-502077, 2015 ONSC 6494
Motion for partial summary judgment in wrongful dismissal action dismissed
December 8, 2015
Ontario Superior Court of Justice

CV-14-502077, 2015 ONSC 7622
See file
June 28, 2016
Court of Appeal for Ontario

C61351, 2016 ONCA 514
Appeal dismissed
 

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