The idea that employers cannot terminate employees "at any time,” without constraint, has been a point of contention in employment law. While Dufault v. The Corporation of the Township of Ignace, 2024 ONSC 1029, (“Dufault”) was initially viewed by some as an outlier decision, the recent ruling in Baker v. Van Dolder’s Home Team Inc., 2025 ONSC 952, (“Baker”) suggests otherwise.
Baker represents a continuation of the judicial scrutiny applied in Dufault, reinforcing the limitations courts impose on termination provisions that purport to allow dismissal without adherence to statutory and common law principles.
The effect of Baker was either one of disappointment or clarity, but it makes one thing clear: an employer cannot fire an employee “at any time” without running afoul of Ontario’s Employment Standards Act 2000 (the “ESA”).