Claims in Quantum Meruit
Home › Contracts ›Contract Issues & Quantum Meruit Contract Issues & Quantum Meruit The remedy of quantum meruit consists of two distinct concepts. The first is a remedy in contract…
Bhasin & the Termination Clause
Home › Contracts › Post Title Bhasin & The Termination Clause The Ontario Court of Appeal considered the impact of the Bhasin duty of honest performance in its May 2018…
Mistake and Rectification
Home › Contracts ›Mistake & Rectification of the Employment Contract Mistake & Rectification of the Employment Contract This argument is distinct from unconscionability as reviewed above. Rectification is an unusual…
Stock Options & Termination Clause
Home › Contracts ›Stock Options & The Termination Clause Stock Options & The Termination Clause Stock Options The creation of clear and precise language is very important with respect to…
Agreement on Jurisdiction
Home › Contracts ›Agreement as to Jurisdiction Agreement as to Jurisdiction It is accepted that the two parties may agree to choose the law which governs the employment relationship. This…
Arbitration
Home › Contracts ›Arbitration Clause in Employment Contract Arbitration Clause in Employment Contract The essential purpose of an arbitration clause is to mandate that any dispute which arises within its…
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.…
Contracting out of Common Law
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…
Can the Employer Force a Relocation
Home › Contracts ›Can the Employer Force a Relocation Can the Employer Force a Relocation Contract Term The preliminary question will be whether the parties have agreed that relocation to…
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…