The application is dismissed.
 Counsel may make brief written submissions as to costs.
 I would ask that counsel for the Crown provide me with
their submissions within two weeks of the date that these reasons
are released. If counsel for the chief firearms officer wishes to
make submissions, he should likewise provide those within two
weeks. I would ask that counsel for the applicant provide me with
their submissions within three weeks of the date of these reasons.
Paquette v. Quadraspec Inc.*
Superior Court of Justice, P.B. Kane J. April 17, 2014
Employment — Employment contract — Clause in employment contract providing for maximum payment of six months’ wages and specifically stating that employee waived any right to claim any other amount,
excluding salary, vacation pay and other benefits accrued and unpaid at
time of termination — Employee covered by employer’s group insurance
plan at time of termination — Clause inconsistent with requirement in
ss. 60 and 61 of Employment Standards Act that employer maintain all
benefits until end of notice period — Clause null and void — Employment Standards Act, 2000, S.O. 2000, c. 41, ss. 60, 61.
Employment — Employment standards — Calculation of employer’s
total payroll for purposes of s. 64 of Employment Standards Act not limited to payroll in Ontario — Employment Standards Act, 2000, S.O. 2000,
c. 41, s. 64.
The plaintiff was employed by the defendant and its predecessors since 1983, and
had worked in Ontario since 1987. In 1998, the parties entered in a new employment contract. Clause 12.4 of the contract provided for a maximum termination
payment of six months’ wages and stated that the employee expressly waived any
right to claim any other amount, “excluding salary, vacation pay and other benefits
accrued and unpaid at the time of termination”. The plaintiff was dismissed without just cause in 2011. At the time, he was covered by the defendant’s group insurance plan. The defendant paid the plaintiff an amount equal to six months’ salary
and an amount for benefits earned and unpaid at the time of termination. The
plaintiff sued. He brought a motion for determination of two questions of law:
whether clause 12.4 of the contract was null and void, and whether the words
“in Ontario” should be read into s. 64 of the Employment Standards Act, 2000.
Held, the motion should be granted.
_____________ Reasons released in French. English version is a translation. Vous trouverez
la version française à la p. 779, post.