Older Cases Likely Staledated
Earlier Cases Not Consistent with Modern Law Mesgarlou v 3XS Enterprises Inc. is a September 2002 decision of Rutherford, J. of the Ontario Superior Court. The contract in question…
Check List to Enforce an Employment Contract
Timing Ideally the proposed employment contract should be sent to the potential employee with the first offer of employment. Include any significant manuals as appendices to the employment agreement.…
Statutorily Conflicted
This is a different issue from the oppression remedy discussed above. The Canada Business Corporations Act contains a provision, which although considered in the above decision of UPM-Kymmene Corp v…
Unfair Contracts: Oppression
Oppression 27 Million Severance UPM-Kymmene Corp v UPM-Kymmene Miramichi Inc, a decision of the Ontario Superior Court dealt with a shareholder oppression remedy to set aside an employment contract which…
A Closer Look at the Employment Standards Act
The termination clause of the employment contract must not violate any employment standard to escape judicial scrutiny, as discussed above. The draftsperson must be aware of these entitlements to insure…
Checklist to Challenge Contract
Consideration When was the contract signed? Check the real date of the execution. Is the agreement said to be “as of January 1”? If agreement was signed after date of…
Contracting out of Common Law
This issue of contracting out of common law has received much attention in recent years. An Otherwise Valid Agreement This review presumes that there is a validly created contract. Regard…
Specific Language to Create Fixed Term
“Unequivocal and explicit language” Diana Ceccol was employed as the Administrative Director of the Federation from September 1981 to May of 1997. She was the number two person in…