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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Significant Damages of $200,000 for Reprisal and Assault in Termination Case

 A recent Ontario Superior Court decision has added more fuel to the fire of cases in which substantial damages have been awarded, over and above the normal severance claim. In this instance, once again, the employer could have easily reduced the damage award had it taken prompt and fair steps to investigate and act to […]

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