Test of Enforcement
Home › Contracts ›Restrictive Covenants: Enforcement Restrictive Covenants: Enforcement The Test of Enforcement It is a legal presumption that all restrictive covenants are contrary to public policy and void prima…
Harris on Canadian Employment Law
Home › Contracts ›Restrictive Covenants: Enforcement Restrictive Covenants: Enforcement The Test of Enforcement It is a legal presumption that all restrictive covenants are contrary to public policy and void prima…
Home › Contracts ›Restrictive Covenants Restrictive Covenants Ontario’s New Legislation Ontario amended its statute effective October 25, 2021. From that date forward employers are prohibited, with certain exceptions, from entering…
Home › Contracts ›Human Rights Claims and Employment Contracts Human Rights Claims and Employment Contracts Contracting Out of Human Rights Protections It is clear that the parties cannot, by private…
Home › Contracts ›Ontario Statutory Mandates Ontario Statutory Mandates The termination clause of the employment contract must not violate any employment standard to escape judicial scrutiny, as discussed above. The…
Home › Contracts › Policy Manual as a Contract Term Policy Manual as a Contract Term Generally Broadly speaking, the onus rests upon the employer to prove the contracted terms.…
Home › Contracts ›Tort Claim of Negligent Misrepresentation Tort Claim of Negligent Misrepresentation Queen v Cognos, a 1993 decision of the Supreme Court of Canada allowed a tort claim of…
Home › Contracts ›Employers & Employees Act - Ontario Employers & Employees Act - Ontario The legislation, formally known as the Master and Servant Act, was repealed by the Ontario…
Home › Contracts ›Statute of Frauds Statute of Frauds At one time this statute required any contract not completed within 12 months to be in writing and signed by the…
Home › Contracts ›Fixed Term Contract & Statutory Requirements Fixed Term Contract & Statutory Requirements A fixed term contract may require, in certain instances, a minimum notice obligation. This issue…
Home › Contracts ›Contracting out of Common Law Notice Obligation Contracting out of Common Law Notice Obligation This issue of contracting out of common law has received much attention in…