Baker v. Van Dolder’s Home Team Inc., 2026 ONCA 568, involved two wrongful dismissal proceedings commenced by former employees: Mr. Baker’s action against Van Dolder’s Home Team Inc. and Mr. Li’s action against Wayfair Canada ULC.
On Nov. 2, 2020, Mr. Baker began working for Van Dolder as its controller, head of finance, at a $95,000 annual salary, plus benefits.
On Mar. 24, 2023, when Mr. Baker was 71 years old, Van Dolder gave him written notice of the termination of his employment without cause as of that date.
Under s. 57(b) of the ESA, given his tenure of between one and three years, Mr. Baker was entitled to two weeks’ notice or pay instead of notice. Van Dolder offered to give him four weeks’ pay in lieu of notice if he signed a release.
Refusing to sign the release, Mr. Baker sued for wrongful dismissal. He alleged that the common law reasonable notice regime applied because the employment contract’s termination provisions were void for inconsistency with the ESA.
Van Dolder paid Mr. Baker the minimum two weeks’ pay in lieu of notice.
On Feb. 11, 2025, Justice John Sproat of the Ontario Superior Court of Justice denied Van Dolder’s summary judgment motion. The motion judge held that the without cause and with cause provisions were unenforceable for inconsistency with the ESA.
Van Dolder appealed. On Aug. 6, 2025, the Ontario Court of Appeal granted leave to intervene for the Ontario Chamber of Commerce and refused leave to intervene...
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