Consideration – is it Fiction ?
Is It Time to Reconsider Consideration as a Legal Fiction ? The dissent of Slatter J.A. in the 2011 decision of the Alberta Court of Appeal in Globex Foreign…
Consideration for Employer’s Beneficial Promise
Consideration is required where the employer attempts to introduce new terms beneficial to its position, as discussed here. What analysis should be made when it is the employee who seeks…
What May be Consideration
Benefits Scheme ? Duprey v Seanix was decided by Barrow, J. of the B.C. Supreme Court in September of 2002. The essential issues became (1) when was the contract made…
Material Change
Material Change A substantive change in an existing employment contract cannot be effected without supporting consideration. Typically the court will look to these issues to determine if the revision is…
Continued Employment
Maguire – A Tacit Promise of Forbearance The starting point of this analysis starts with a 1935 decision of the Supreme Court of Canada in Maguire v Northland Drug.…
Consideration
This issue often arises in the context by which one party, most often the employer, delivers a new written contract or a revised one, frequently containing terms favourable to it,…