The Change was Contemplated
Home › Contracts ›Defence: Change was Agreed Defence: Change was Agreed The foundation of a substratum argument is the change in the terms of the employment relationship was unexpected. The…
Substratum
Home › Contracts ›Unforeseen Change in Responsibilities - The Substratum Unforeseen Change in Responsibilities - The Substratum The essential theory of this argument is that the existing employment agreement, and…
Consideration – is it Fiction ?
Home › Contracts › Post Title Is the Need for Consideration a Legal Make Believe ? The dissent of Slatter J.A. in the 2011 decision of the Alberta Court of…
Consideration for Employer’s Beneficial Promise
Home › Contracts › Consideration for the Promise of a Raise ? Consideration for the Promise of a Raise ? Consideration is required where the employer attempts to introduce new…
Material Change
Home › Contracts › Material Change to Terms of Employment Material Change to Terms of Employment A substantive change in an existing employment contract cannot be effected without supporting consideration.…
Continued Employment
Home › Contracts › Continued Employment as Consideration Continued Employment as Consideration Maguire – A Tacit Promise of Forbearance The starting point of this analysis starts with a 1935 decision…
Consideration
Home › Contracts › Consideration & The Employment Contract Consideration & The Employment Contract This issue often arises in the context by which one party, most often the employer, delivers…
Contract Interpretation Generally
Home › Contracts › Rules of Contract Interpretation: Generally Sattva – 2014 The Supreme Court of Canada in its August 2014 decision of Sattva Capital Corp. v Creston Moly Corp…
Principles of Interpretation of Employment Agreements
Home › Contracts › Interpreting the Employment Agreement Interpreting the Employment Agreement Since 1987, the Supreme Court of Canada has made many policy statements on the role of employment in…
Forming and Interpreting the Employment Contract
Home › Contract Chapter ›Formation of the Contract Formation of the Contract The party asserting a valid agreement must show that a mutual consensus has been concluded by which all…
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