Employment Law

‘End of the Line for Ignace Township’: Employment lawyer Jon Pinkus with Canadian Press

employment-lawyer-Jon-Pinkus-Canadian-Press

Interview Summary

The Supreme Court of Canada has dismissed an appeal by Ignace Township, and the Northwestern Ontario municipality must now pay the former municipal employee, as it has no further legal options available.

Jon Pinkus, a Toronto employment lawyer and Partner at Samfiru Tumarkin LLP, spoke with Mike Stimpson, a

Interview Notes

  • Decision of the Supreme Court: Pinkus noted that the township has no other options. ‘It’s “the absolute end of the line” for the township in this case,” said Pinkus. “The township can file no further appeals.”
  • Impact on employment law: Pinkus explained that this decision reinforces that employers cannot terminate employees when they see fit. “The municipality sought to challenge that principle, and the Supreme Court did not agree to hear that, which means that a lower-court decision on that issue remains good law.” Pinkus reiterated the importance of this decision, stating, “This is now the second time that the Supreme Court of Canada has refused to hear an appeal of the Waksdale decision, which is a very significant decision from 5 years ago.”
  • Appeals court ruling: Pinkus commented on the initial ruling of the appeals court regarding the unenforceable termination clause. “In light of the fact that the termination clause in this case was so clearly illegal based on such longstanding, well-settled principles that have been enunciated so many times by lower courts and appellate courts.”

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