At one time this statute required any contract not completed within 12 months to be in writing and signed by the party to be charged. This term, which was a part of the statute which dates back to 1677, was repealed by a 1994 amendment in Ontario. Where the contract did not satisfy the legislation, Ontario courts applied the implied term of reasonable notice. This rule still applies in other common law provinces.

Typically, when applicable, The Statute of Frauds does not set out the type of writing required to allow for an enforceable contract. The courts have determined that the note or memorandum need not be made contemporaneously with the creation of the contract, provided that it did exist prior to the commencement of the legal action to enforce the contract.

The draftsman should be aware of this statute when creating employment contracts which are to be interpreted under the laws of a jurisdiction outside of Ontario. Nova Scotia is the only jurisdiction with this statute in place. (s. 7(e))

It was somewhat similar to the Employer and Employee Act as reviewed here.