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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Severance Clauses & Demands for a Release

A recent decision of the Ontario Superior Court has again reviewed the wording of the employer’s severance term in an employment agreement.[1] This issue has been discussed in a prior post. Employer Could Not Insist on a Release Apart from the issues which nullified the severance term, the Court interestingly commented upon the employer’s conduct, presuming […]

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Avoiding the Employment Contract Part 3

This is part three of our ongoing analysis of key issues in written employment contracts. Even where an employment contract is legal and enforceable, there remain employee remedies which the contract cannot take away. Human Rights Remedies Ontario law prohibits an employer from acting unfairly towards any employee based on certain protected human rights. These […]

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Avoiding the Employment Contract Part 2

As reviewed in most recent post, an employment contract is typically intended to “contract-out” of the employee’s wrongful dismissal rights. There are other issues to be concerned with, apart from the need for the contract to be compliant with the Employment Standards Act. Value Given Consideration is the legal term given to an important requirement […]

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