Substantial Punitive Damages Awarded for Employer Conduct

A recent decision from British Columbia has awarded a substantial sum of punitive damages. Such an award is intended to punish for outrageous and intentional wrongdoing. It is usually quite difficult to obtain. On this occasion, the trial judge set the damage award at $110,000. Aggravated damages are also additional damage sums which are awarded […]

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Arbitration Clauses in Employment Contracts

Some employers attempt to “contract-out” of common law civil remedies by mandating that the employee submit all issues arising on termination to an arbitration process. The advantage to the employer is that this process is not open to public scrutiny, as is the case in a civil claim. All “pleadings” in a civil case are […]

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Good Faith and Employment Contracts

In a prior post, we reviewed the appeal process in the context of “the Uber arbitration” clause which is now pending. There is another case coming before the Supreme Court of Canada shortly which will very likely have a considerable impact on the interpretation of employment contracts in Canada. The Case in Issue The case […]

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Uber Mandatory Arbitration Clause Issue Heading to SCC

In a prior post, we discussed the decision of the Ontario Court of Appeal which struck down a clause in a contract between the ride-sharing company and its drivers. This “arbitration clause” required the drivers to submit any dispute to binding arbitration in the Netherlands and hence were denied the right to sue in the […]

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