Validity of Arbitration Clauses in Employment Contracts Within Arbitrator’s Jurisdiction: ONCA

Can an employment contract in Ontario legally prohibit someone from suing for wrongful dismissal? Can your employer require you to “arbitrate” your case rather than allowing you to use the public court system?

In Irwin v. Protiviti, 2022 ONCA 533, Ontario’s top court held that arbitration clauses in employment agreements are not automatically “illegal” and that questions about any particular arbitration provision are to presumptively be resolved by an arbitrator, not the courts.

London Isn’t Calling – One Judge’s Discouragement of Judicial Forum Shopping

Is a plaintiff allowed to file its statement of claim in whatever city it finds most convenient, even if that place has no connection to the parties or the claim?

While Ontario’s Rules of Civil Procedure would appear to permit an action to be commenced in any jurisdiction, not all judges are as welcoming.

In The Toronto-Dominion Bank v. The Other End Inc., 2024 ONSC 5377, the Honourable Justice I.F. Leach had some thoughts on the issue.