Case information
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39326
Swegon North America Inc. v. Benjamin Waksdale
(Ontario) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
Date | Proceeding | Filed By (if applicable) |
---|---|---|
2021-03-05 | Close file on Leave | |
2021-01-15 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
2021-01-15 | Judgment on leave sent to the parties | |
2021-01-14 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C67616, 2020 ONCA 391, dated June 17, 2020, is dismissed with costs. Dismissed, with costs |
|
2020-12-07 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
2020-10-29 | Applicant's reply to respondent's argument, (Letter Form), Completed on: 2020-10-29, (Printed version filed on 2020-11-03) | Swegon North America Inc. |
2020-10-20 | Certificate (on limitations to public access), (Letter Form), (Printed version filed on 2020-11-12) | Benjamin Waksdale |
2020-10-20 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2020-10-20, (Printed version filed on 2020-11-12) | Benjamin Waksdale |
2020-09-28 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED 09/28/20 | |
2020-09-16 | Certificate (on limitations to public access), (Letter Form) | Swegon North America Inc. |
2020-09-16 | Notice of name, (Letter Form) | Swegon North America Inc. |
2020-09-16 | Application for leave to appeal, (Book Form), Completed on: 2020-09-16, (Printed version filed on 2020-09-17) | Swegon North America Inc. |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
Name | Role | Status |
---|---|---|
Swegon North America Inc. | Applicant | Active |
v.
Name | Role | Status |
---|---|---|
Waksdale, Benjamin | Respondent | Active |
Counsel
Party: Swegon North America Inc.
Counsel
Amanda D. Boyce
390 Bay Street, Suite 800
Toronto, Ontario
M5H 2Y2
Telephone: (416) 862-1713
FAX: (416) 363-7358
Email: lyoung@stringerllp.com
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Waksdale, Benjamin
Counsel
480 University Avenue, Suite 1702
Toronto, Ontario
M5G 1V2
Telephone: (647) 794-8050
FAX: (647) 243-2395
Email: pwhite@prwlaw.ca
Summary
Keywords
Employment law — Duty to provide reasonable notice — Contracts — Contract of employment — Employee dismissed after eight months, without cause — Employer relying on termination without cause provision in employment contract and providing two weeks’ salary — Employee arguing other provision governing termination with cause void and unenforceable, rendering termination without cause provision invalid — Motion judge dismissing employee’s motion for summary judgment and dismissing action against employer — Court of Appel allowing employee’s appeal, setting aside order and remitting matter to motion judge for determination of quantum of damages — Whether illegality of termination with cause provision impacts enforceability of termination without cause provision, or whether clauses should be considered separately — Employment Standards Act, 2000, S.O. 2000, c. 41. — Termination and Severance of Employment, under Employment Standards Act, 2000, S.O. 2000, c. 41, O. Reg. 288/01.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
The applicant, Mr. Waksdale, worked for the respondent Swegon North America Inc., for eight months before being let go without cause. Swegon provided two weeks’ salary, relying on the terms of a “termination without cause” provision in the employment agreement. Mr. Waksdale sued Swegon for wrongful dismissal and failure to provide reasonable notice in the form of six months of salary. Mr. Waksdale argued that another provision in the employment agreement, governing situations of termination for cause, was invalid and thus rendered the entire agreement (or at least, all provisions dealing with termination issues) void and unenforceable. He filed a motion for summary judgment against Swegon, which in turn sought to dismiss his action.
The motion judge dismissed Mr. Waksdale’s motion for summary judgment, and dismissed his action against Swegon, concluding that the termination without cause provision was enforceable and separate from the unenforceable termination with cause provision; the employer had therefore acted within its rights and consistent with its obligations under the agreement. The Court of Appeal overturned this decision and remitted the matter back to the motion judge for determination of the quantum of damages, finding that both termination provisions were unenforceable.
Lower court rulings
Ontario Superior Court of Justice
2019 ONSC 5705, CV-19-00612797
Mr. Waksdale’s motion for summary judgment dismissed;
Mr. Waksdale’s action against Swegon dismissed.
Court of Appeal for Ontario
2020 ONCA 391, C67616
Mr. Waksdale’s appeal allowed; motion judge’s order set aside, and matter remitted to motion judge for determination of quantum of damages.
Memorandums of argument on application for leave to appeal
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filing out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
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Related links
Factums on appeal
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
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