Build your own Full and Final Release for Ontario employees.

A Full and Final Release is a document workplace parties use to resolve all matters in disagreement. Employers ask employees to sign a Full and Final Release when they terminate their employment in exchange for a mutually agreeable severance. A Full and Final Release is a defence in case one party later sues the other for issues covered in the release. Click the steps below to build your own Full and Final Release for an employee termination.

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FULL AND FINAL RELEASE FOR EMPLOYEE (ONTARIO)

  1. For the purposes of this Full and Final Release and attached Appendices (this “Release”), the following terms have the meanings specified below:
    • Claim” or “Claims” means all claims, debts, applications, complaints, demands, actions, causes of action, suits, liabilities or other proceedings of any kind or nature whatsoever, and howsoever arising whether in law, equity, contract, tort (including, but not limited to, negligence), or otherwise, whether express or implied and whether presently known or unknown, including, but not limited to, any proceedings under any statute;
    • Company” means Company Name
    • Company Group and its Personnel” means Company Name and all of its respective associates, employees, affiliates or related persons (as such terms are defined by the Ontario Business Corporations Act) and all predecessors, successors or assigns thereof, and all of their respective directors, officers, servants, employees and agents (both individually and in their official capacities with any of the preceding entities);
    • Company Property” means all Company property of whatever type including, but not limited to, property leased by the Company, Company Car, security badges, access card or keys, corporate phone or credit cards, cell phone, system access codes, laptop, personal computer and any ancillary or peripheral computer equipment, product manuals, and any and all formulas, trade secrets, customer lists, know how or other confidential information or proprietary information of or about the Company Group and its Personnel, or any other documentation of any of the Company Group and its Personnel, including, but not limited to, such things as any of the Company Group and its Personnel’s records or files, product manuals, (whether paper, electronic or otherwise), and so forth;
    • Company-Sponsored Plan” means any Company-sponsored group insurance or employee health and welfare benefit plans for the Company’s active employees and includes any pension or retirement plans;
    • Releasors” means me and all of my successors, heirs, administrators, personal representatives, estate trustees and assigns.
  2. I, Employee Name, hereby acknowledge and agree that my employment with the Company has terminated.
  3. In consideration of the ADDITIONAL PAYMENT SET OUT IN THE ATTACHED TERMINATION LETTER, dated, Date, the sufficiency of which is hereby acknowledged, I, Employee Name, on behalf of all the Releasors, DO HEREBY RELEASE AND FOREVER DISCHARGE the Company Group and its Personnel of and from all Claims, which any of the Releasors ever had, now have, or may hereafter have against the Company Group and its Personnel, and specifically of and from all Claims arising out of my employment and the termination of my employment. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, I acknowledge and declare that the intent of this FULL AND FINAL RELEASE is to conclude all issues arising from or relating to the matters set forth above and it is understood and agreed that this Release is intended to cover, and does cover, not only all known Claims, but Claims not now known or anticipated, including all of the effects and consequences thereof.
  4. I understand and agree that all amounts paid to me under this Release will be in Canadian dollars and will be subject to all required tax withholdings and statutory deductions.
  5. I agree that I have received all wages, salary, commissions, bonuses or any other form of incentive or variable compensation of any kind or nature, assignment pay, overtime pay, severance pay, pay in lieu of notice of termination, termination pay, expense reimbursement, vacation pay, holiday pay or any other payment or amount or benefit to which I am entitled, including any payment, amount or benefit to which I may have been entitled under the Employment Standards Act, my contract of employment, the common law or otherwise.
  6. I agree that I have no Claim and therefore will not commence any Claim under any applicable law, including, but not limited to, the Employment Standards Act, the Labour Relations Act, the Human Rights Code, the Workplace Safety and Insurance Act, or the Occupational Health and Safety Act, with respect to any aspect of my employment (including, but not limited to, the salary or wages provided to me during such employment) or the termination of my employment, or alleging breach of any of the provisions of such statutes, including, but not limited to, those provisions which prohibit reprisals by an employer.
  7. In addition, I agree that I have canvassed any and all human rights Claims, concerns or issues which may have arisen out of my employment with the Company, the termination of such employment and/or the execution of this Release. Furthermore, I agree that I am aware of my rights under the Human Rights Code, and I confirm that I have not and will not assert such rights or advance any human rights Claim in respect of any matter which arose out of my employment with the Company, the termination of such employment and/or the execution of this Release.
  8. I agree that I am liable for the full amount of any payments or repayments, including, but not limited to, any tax, penalties or interest, which may be demanded pursuant to the Employment Insurance Act, the Income Tax Act and/or any similar applicable provincial laws, and the Canada Pension Plan, as a result of any payment contemplated in this Release, any previous payment made to me, or any payment which may, in future, be found to be payable by the Company in respect of me, and I hereby agree to indemnify and save harmless the Company from any Claims made against it under such statutes.
  9. I agree that paragraph 3 above sets out the sole consideration for this Release, and that there is no further obligation, financial or otherwise, owed to me by the Company Group and its Personnel. I acknowledge that the Company Group and its Personnel have freely offered the above consideration without admission of any liability. I further agree that my rights and entitlements under, and ability to enforce, this Release, are not assignable or transferable in any manner and shall not survive my death.
  10. I undertake and agree that I will not disclose in any form whatsoever any of the contents of any communication from the Company relating to the termination of my employment, this Release, or the events giving rise thereto, except where required by law or to my immediate family, my financial advisors and/or legal counsel, and then only on the condition such persons also agree not to disclose such information.
  11. I agree that I will not in any way disparage the Company Group and its Personnel or make or cause or encourage any others to make, any comments, statements or the like that may be considered to be harmful or derogatory or detrimental to the good name or business reputation or standing in the business community of the Company Group and its Personnel. I acknowledge and agree that these prohibitions extend to statements, written or verbal, made to anyone, and include statements made via social media, including on blogs or social networking sites, including, but not limited to, Facebook, LinkedIn, Myspace or Twitter.
  12. I agree that I will keep confidential and not divulge to any other party any of the Company’s confidential or proprietary information or any other information not readily available to the public, except as required by law or court process, or specifically consented to in writing by the Company. I further agree that I will adhere to any fiduciary duties I owe to the Company as a result of my position; and that I will adhere to any general obligations that I have not to interfere with the legitimate business interests of Company, whether arising pursuant to the common law or by virtue of such fiduciary duties.
  13. I acknowledge and agree:
  • that I have obtained independent legal advice in connection with this settlement and the execution of this Release;
  • that I have read, understood and agree with all of the terms and conditions contained herein;
  • that I fully understand that this document contains a FULL AND FINAL RELEASE of all Claims that I have or may have against the Company Group and its Personnel;
  • in the event of any inconsistency between this Release and any other communication concerning the termination of my employment with the Company, this Release will govern; and
  • that I have signed freely and voluntarily.
  1. If any part of this Release is found to be illegal or otherwise unenforceable by any court of competent jurisdiction, that part will be severed from this Release and the remainder will remain in full force and effect.
  2. This Release shall be governed by and construed in accordance with the laws of the Province of Ontario, and the applicable laws of Canada, without reference to conflict of laws, as they were as of the date hereof, and I hereby agree to the exclusive jurisdiction of the courts of that province as the proper forum for the adjudication of any and all disputes arising hereunder and undertake to appear in any action or proceeding convened in such courts.

Dated at the City of {City (City):9.3}, Province of Ontario, this Date.

SIGNED IN THE PRESENCE OF

I, ________________________________        (signature of Employee)

 

Employee Name       (Printed name of Employee)

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