North v. Metaswitch Networks Corporation

JurisdictionOntario
CourtCourt of Appeal (Ontario)
JudgeFeldman, Sharpe and Roberts
Citation2017 ONCA 790
Date16 October 2017
Docket NumberC62624

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39 practice notes
  • Gracias v. Dr. David Walt Dentistry
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • May 17, 2022
    ...of Cos. (Wunderman), 2011 ONSC 4720. [15] Waksdale v. Swegon North America, 2020 ONCA 391; North v. Metaswitch Networks Corporation, 2017 ONCA 790. [16] Waksdale v. Swegon North America, 2020 ONCA 391; Rossman v. Canadian Solar Inc., 2019 ONCA 992; Andros v. Colliers Macaulay Nicolls Inc., ......
  • Ontario Court Of Appeal Summaries (October 16 – October 20, 2017)
    • Canada
    • Mondaq Canada
    • October 30, 2017
    ...law context and extensions of time to appeal in the municipal law context. Table of Contents: North v. Metaswitch Networks Corporation, 2017 ONCA 790 Keywords: Contracts, Illegality, Severability Clauses, Employment Law, Wrongful Dismissal, Employment Standards Act , 2000, S.O. 2000, c. 4......
  • The Employment Contract
    • Canada
    • Working with the Law Collection Employment Law for Paralegals, 2nd Edition
    • May 12, 2022
    ...signing the contract. THE CLAUSE, THE WHOLE CLAUSE, AND NOTHING BUT THE CLAUSE CASE in POINT North v Metaswitch Networks Corporation, 2017 ONCA 790 Facts North’s employment with Metaswitch Networks Corporation was governed by a written employment contract. North’s income was based on a base......
  • Ontario Court Of Appeal Summaries (August 26-30 2019)
    • Canada
    • Mondaq Canada
    • September 3, 2019
    ...Void Ab Initio, Damages, Bonuses, Benefits, Employment Standards Act, 2000, S.O. 2000, c. 41, North v. Metaswitch Networks Corporation, 2017 ONCA 790, Ceccol v. Ontario Gymnastics Federation (2001), 55 O.R. (3d), Nemeth v. Hatch Ltd., 2018 ONCA 7, Roden v. Toronto Humane Society (2005), 202......
  • Get Started for Free
20 cases
  • Gracias v. Dr. David Walt Dentistry
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • May 17, 2022
    ...of Cos. (Wunderman), 2011 ONSC 4720. [15] Waksdale v. Swegon North America, 2020 ONCA 391; North v. Metaswitch Networks Corporation, 2017 ONCA 790. [16] Waksdale v. Swegon North America, 2020 ONCA 391; Rossman v. Canadian Solar Inc., 2019 ONCA 992; Andros v. Colliers Macaulay Nicolls Inc., ......
  • Khashaba v. Procom Consultants Group Ltd.
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • December 21, 2018
    ...void for all purposes so that the employee will be entitled to common law reasonable notice: North v. Metaswitch Networks Corporations, 2017 ONCA 790 at para. 24, Miller v. A.B.M. Canada Inc., 2014 ONSC 4062 at paras. 43-44, Wood v. Fred Deeley Imports Ltd., 2017 ONCA 168, at para. 21, Andr......
  • Wilds v 1959612 Ontario Inc.
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • June 14, 2024
    ...so as to provide for the minimum standard imposed by the ESA. See Waksdale at para. 14 and North v. Metaswitch Networks Corporation, 2017 ONCA 790 at para. 54 Further, “saving provisions” in termination clauses cannot save employers who attempt to contract out of the ESA's minimum standards......
  • Abrams v. RTO Asset Management
    • Canada
    • Court of Appeal (New Brunswick)
    • September 3, 2020
    ...out of a benefit under the Act, the entire clause is void, not just the offending part (see North v. Metaswitch Networks Corporation, 2017 ONCA 790, [2017] O.J. No. 5327 (QL), at para. 24, Feldman J.A. for the Court). That is so, even if the employer actually complied with the Act at termin......
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16 firm's commentaries
  • Ontario Court Of Appeal Summaries (October 16 – October 20, 2017)
    • Canada
    • Mondaq Canada
    • October 30, 2017
    ...law context and extensions of time to appeal in the municipal law context. Table of Contents: North v. Metaswitch Networks Corporation, 2017 ONCA 790 Keywords: Contracts, Illegality, Severability Clauses, Employment Law, Wrongful Dismissal, Employment Standards Act , 2000, S.O. 2000, c. 4......
  • Ontario Court Of Appeal Summaries (August 26-30 2019)
    • Canada
    • Mondaq Canada
    • September 3, 2019
    ...Void Ab Initio, Damages, Bonuses, Benefits, Employment Standards Act, 2000, S.O. 2000, c. 41, North v. Metaswitch Networks Corporation, 2017 ONCA 790, Ceccol v. Ontario Gymnastics Federation (2001), 55 O.R. (3d), Nemeth v. Hatch Ltd., 2018 ONCA 7, Roden v. Toronto Humane Society (2005), 202......
  • Top 5 Civil Appeals From The Court Of Appeal - November 2017
    • Canada
    • Mondaq Canada
    • November 28, 2017
    ...Company of North America, 2017 ONCA 771 (Sharpe, Lauwers and Roberts JJ.A.), October 5, 2017 North v. Metaswitch Networks Corporation, 2017 ONCA 790 (Feldman, Sharpe and Roberts JJ.A.), October 16, 2017 Airia Brands Inc. v. Air Canada, 2017 ONCA 792 (Gillese, MacFarland and Pepall JJ.A.......
  • Courts Will Not Sever Defective Termination Provisions
    • Canada
    • Mondaq Canada
    • November 14, 2017
    ...merely void the offending portion and leave the rest of the termination clause to be enforced." North v Metaswitch Networks Corporation, 2017 ONCA 790 [Metaswitch] is the latest in a series of employee-friendly appellate level decisions where a contractual termination provision is not enfor......
  • Get Started for Free
1 books & journal articles
  • The Employment Contract
    • Canada
    • Working with the Law Collection Employment Law for Paralegals, 2nd Edition
    • May 12, 2022
    ...signing the contract. THE CLAUSE, THE WHOLE CLAUSE, AND NOTHING BUT THE CLAUSE CASE in POINT North v Metaswitch Networks Corporation, 2017 ONCA 790 Facts North’s employment with Metaswitch Networks Corporation was governed by a written employment contract. North’s income was based on a base......