Repudiation of the Restrictive Covenant
Home › Contracts ›Repudiation of the Restrictive Covenant Repudiation of the Restrictive Covenant The issue which has arisen is whether the employer can terminate unlawfully and maintain the plea that…
Financial Compensation
Home › Contracts ›Contract Defines Financial Compensation for Breach of Restrictive Covenant Contract Defines Financial Compensation for Breach of Restrictive Covenant Economic Disincentive Certain agreements have not imposed a direct…
Non-Solicit
Home › Contracts ›Non-Solicit Covenant as Opposed to Restrictive Covenant Non-Solicit Covenant as Opposed to Restrictive Covenant No NCA Where Non-Solicitation Will Fit the Bill The Ontario Court of Appeal…
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…
Restrictive Covenants
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…
Human Rights Claims and Employment Contracts
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…
Ontario Statutory Requirements
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…
Policy Manual a Contractual Term ?
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.…
Tort Claim
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…
Employers and Employees Act
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Act - Ontario Employers & Employees Act - Ontario The legislation, formally known as the Master and Servant Act, was repealed by the Ontario…
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