2025-07-10_jramos_314794762_v(1)_[Draft] Letter to Cheryl Cartwright.docx

July 8, 2025

Without Prejudice
Private and Confidential

Delivered by Email

Cheryl Cartwright 
51 Eagle Point Dr, Windsor Junction, NS B2T 1K1

Dear Cheryl:

Re: Mutual Separation Agreement

We are writing further to our discussion regarding the potential terms and conditions of a mutually agreeable cessation of your employment with SJD Care Services Inc. (the “Company”). Specifically, we are writing to offer the following terms and conditions (the “Mutual Separation Agreement”):

End Date: Your employment with the Company will terminate by resignation effective July 25, 2025 (the “End Date”).

Lump-Sum Payment: If you have satisfied the conditions set out in this Mutual Separation Agreement, the Company will pay you a lump-sum separation payment of $22,021.15 within one month following the End Date.

Conditions: This Mutual Separation Agreement and the entitlements outlined above are conditional on the following.

Transition Period: In the period between now and the end of your employment on the End Date (the “Transition Period”), you will continue to be employed and compensated by the Company in the normal course. During the Transition Period, you must: (i) carry out your regular duties and any additional duties assigned by the Company; (ii) cooperate with and assist the Company in the orderly transition of your duties and responsibilities; and (iii) perform your duties diligently and use your best efforts to promote the interests and goodwill of the Company.

Termination Before End Date: Except to the minimum extent otherwise required by applicable employment standards legislation, you will not be entitled to the payments and other entitlements provided under this Mutual Separation Agreement if: (i) you resign from your employment or otherwise terminate your employment with the Company before the End Date; or (ii) you have been guilty of wilful misconduct, disobedience or wilful neglect of duty that is not trivial and has not been condoned by the Company.

Post-Employment Obligations: You must comply with your obligations that survive the end of your employment with the Company, including obligations imposed by the common law, statute, and your contract with the Company.

Confidentiality: You must not discuss or disclose the terms of this Mutual Separation Agreement with or to any person other than your immediate family and retained legal and financial advisors, except to the extent that disclosure is required by law. If you discuss or disclose the terms of this Mutual Separation Agreement with or to an immediate family member or a retained legal or financial advisor, you must ensure that they do not discuss or disclose the terms of this Mutual Separation Agreement with or to any person, unless such disclosure is required by law.

Non-Disparagement: You must, at all times, refrain from making any disparaging, critical or other negative comments, written or oral, true or not, regarding the Company, its operations or business, or its current or former employees, officers or directors. In addition, you must not intentionally act in any manner that is detrimental to the relations between the Company and its clients, suppliers, employees or others, or to the business or reputation of the Company generally.

Return of Company Property: All Company property in your possession must be returned immediately. Company property includes, but is not limited to any keys, pass cards, identification cards, parking decals, manuals, correspondence, credit cards, electronic equipment, cellular phones and/or smartphone devices, laptop computers, employee lists, client or supplier lists, client or supplier contact information, work and client files, and all other tangible property, whether in hard copy or electronic format, and whether original documents or summaries thereof.

Release & Indemnity: You must execute and deliver to the Company a copy of the attached Full and Final Release and Indemnity (“Release”): (i) at the time of acceptance of this Mutual Separation Agreement; and (ii) on a second occasion no earlier than the End Date and no later than seven calendar days after the End Date.

Repayment upon Breach: The obligations in paragraphs 3(a) to 3(f) are a fundamental part of this Mutual Separation Agreement, and the Company would not have offered to provide this Mutual Separation Agreement without your explicit agreement to the terms of those paragraphs. Accordingly, if you violate any of the obligations in paragraphs 3(a) to 3(f) above, you may be required to repay monies provided under this Mutual Separation Agreement.

Withholdings & Inclusive Nature of Separation Agreement: The payments already provided to you and the payment(s) referred to above are: (i) subject to all applicable deductions and withholdings; and (ii) inclusive of any and all payments and benefits to which you may be entitled under your contract with the Company, applicable legislation, and the common law.

Severability: If any part of this letter or the attached Release is deemed void or invalid by a court of competent jurisdiction, the remaining parts shall remain in full force and effect.

You may accept this Mutual Separation Agreement by: (1) completing the attached Acceptance Form; (2) completing the attached Release; and (3) returning both completed documents to me by email. We encourage you to take some time to seek whatever advice you deem necessary before making your decision. We do, however, require a response by 5:00 p.m. on the seventh calendar day after the date of this letter, after which time the Mutual Separation Agreement will be withdrawn automatically without further notice.

Should you have any questions, please do not hesitate to contact me.

Yours truly,

Encls.

SCHEDULE A
ACCEPTANCE FORM

I have read, understand and hereby agree to and accept the Mutual Separation Agreement in its entirety, and I acknowledge that I have been given ample opportunity to seek and receive legal and other advice in respect of it. I therefore execute this acceptance and the attached Full and Final Release and Indemnity voluntarily and without duress.

Print Name:

Signature:

Date:

Witness (Signature):

SCHEDULE B
FULL AND FINAL RELEASE AND INDEMNITY (“RELEASE”)

IN CONSIDERATION OF the terms and conditions contained in the agreement accompanying this Release, and other good and valuable consideration, the sufficiency and adequacy of which I hereby acknowledge, I, Cheryl Cartwright, on behalf of myself and my heirs, executors, assigns, administrators and legal representatives, release and forever discharge SJD Care Services Inc. (the “Company”) and all related, subsidiary, parent or affiliated companies, and any and all of its and their respective officers, directors, agents and employees and any of its and their respective heirs, executors, administrators, legal representatives, successors and assigns (collectively, with the Company, the “Releasees”) from all claims, debts, demands, actions, causes of action, damages, costs, expenses and liabilities of any kind or nature whatsoever, whether known or unknown, existing up to the present time or that may arise in the future, including, without limitation, any claim for wages, holiday pay, vacation pay, overtime pay, bonus payments, commissions, right to reinstatement and/or reemployment, pension benefits, short-term disability benefits, long term disability benefits, other benefit entitlements, notice of termination or payment in lieu of notice, severance pay, share awards, stock options, deferred shares or similar incentive plan awards, or any other employment benefit whatsoever whether arising pursuant to contract, common law, legislation, or any other law, including, without limitation,  the Employment Standards Act, 2000, the Human Rights Code, the Occupational Health and Safety Act, the Pension Benefits Act, and the Pay Equity Act.

I FURTHER RELEASE and forever discharge the Releasees from any liability for any past collection, use or disclosure of my personal information and acknowledge that the execution of this Release precludes the consideration of any complaint to the office of a provincial or federal privacy or information commissioner pursuant to the Personal Information Protection and Electronic Documents Act (Canada) or any other provincial or federal privacy legislation.

I HEREBY ACKNOWLEDGE that I have discussed or otherwise canvassed any and all human rights or harassment complaints, concerns, or issues, whether or not arising out of or in respect to my employment with the Company and the cessation of that employment and that it has been agreed that the aforementioned consideration constitutes a full and final settlement of any existing, planned, or possible claims or complaint(s) I may have against the Releasees under human rights legislation, occupational health and safety legislation, or other legislation dealing with workplace harassment, psychological harassment, or other forms of harassment.

I ALSO ACKNOWLEDGE that the said consideration represents payment in full of any and all amounts including, without limitation, wages, overtime pay, vacation pay, severance and pay in lieu of notice, to which I am or may be entitled to from the Releasees pursuant to employment standards legislation.

IT IS UNDERSTOOD AND AGREED that the consideration paid or to be paid is not an admission of liability by the Releasees.

IT IS FURTHER UNDERSTOOD AND AGREED that should I commence or continue any claim against the Releasees or any provider of benefit plans made available to me by or through the Releasees, in any way connected to my employment or the cessation of my employment, this Release may be raised as a complete bar to such proceedings, and the Releasees and all of those entitled to the benefit of this Release shall be entitled to raise this Release in support of an order dismissing such proceedings without costs.

I FURTHER AGREE not to make any claim, complaint or take any proceeding, including third party proceedings or cross-claims, against any person or corporation with respect to any matters, including claims released herein, that have arisen between myself and the Releasees up to the present time, on which any claim could arise against the Releasees for contribution or indemnity or other relief and I agree to save harmless and indemnify the Releasees from any and all costs, charges, legal fees and expenses reasonably incurred by the Releasees in connection with defending any civil, criminal or administrative action, proceeding or other remedy with respect to any such matters.

I FURTHER AGREE to save harmless and indemnify the Releasees from and against all claims, charges, taxes or penalties and demands which may be made by governmental authorities against the Releasees in respect of income tax payable by me, or related to the Employment Insurance Act or the Canada Pension Plan, in relation to my income from the Releasees and aforesaid consideration.

I FURTHER ACKNOWLEDGE I have not assigned to any person, firm or corporation any of the actions, causes of action, claims, suits, executions or demands which I am releasing in this Release.

I FURTHER CONFIRM that, in signing this Release, I have not relied on any written or oral representations made by or on behalf of the Releasees other than what might be contained in the agreement accompanying this Release, that this Release contains all terms and conditions with respect to my release of liability of the Releasees without exception or limitation, and that the terms of this Release are contractual and not a mere recital.

I HEREBY CONFIRM AND DECLARE that I have had an adequate opportunity to read and consider this Release and to obtain legal and other advice prior to executing it, that I understand the Release and the consequences of signing same, and I am signing the Release voluntarily, without coercion and without reliance on any representation, expressed or implied, by the Releasees.

[Signature page follows]

IN WITNESS WHEREOF, I, _____________________________(name), do execute this Release at the City/Town of ____________________ on the ______ day of ________________ (month), 20____ (year).

SJD Care Services Inc. | SJD Care Services Inc.

By:

Name:

Title:

SIGNED
In the presence of | )
)
)
)
)

Witness
Print Name Below | )
) | Cheryl Cartwright