Contracts - Canadian Employment Law

Void or Voidable ?

dqh August 29, 2024 No Comments

Contract Term Offside the ESA – Void or Voidable In a prior post, I reviewed the issue of the employer’s reliance upon a term which was in violation of

Can Employer Argue the Illegality of the Contract

dqh August 20, 2024 No Comments

Ontario courts have been clear in recent years that a violation of the ESA, particularly in the termination paragraph, will make the termination term unenforceable. To be more precise, the

Repudiation & the Employment Contract

dqh April 4, 2024 No Comments

Repudiation as Opposed to Termination There is a difference between repudiation and termination. Repudiation is an assertion that the employment “contract” has been violated by the conduct of the employer.

Is the Termination Clause Now like the Dodo Bird?

dqh March 22, 2024 No Comments

Is the Termination Clause Now Dead? The termination clause in the recent decision in Dufault was found to be unenforceable for several reasons. These included one particular issue due to

Contracting Out of Incentive in Notice Period

dqh March 22, 2024 No Comments

A unique set of rules has developed with respect to contracts which propose to reduce or eliminate claims for incentives and similar sums attributable to the notice period. This is

Chart – Details on Termination and Severance Pay in Ontario

dqh March 21, 2024 No Comments

This issue is reviewed above. Definitions for Termination & Severance Pay “regular wages” means wages other than overtime pay, public holiday pay, premium pay, vacation pay, domestic or sexual violence

Chart of Cases re Contracting Out of Common Law

dqh March 19, 2024 No Comments

Narrative Review is above Issue Decision Authority General Principles of Interpretation of Termination Clause Consider parties are not in equal bargaining power; Employees are unfamiliar with ESA; ESA is

The Potential of a Potential Violation

dqh March 18, 2024 No Comments

It has been well established that a termination clause will fail when it creates not only an actual, but also a potential violation of the statutory requirement. Such was the

Power of the Dissenting, or Concurring Reasons or Obiter

dqh March 18, 2024 No Comments

Power of the Dissent If making a submission which appears contrary to modern authorities, there is no need to avoid citing dissenting, or concurring reasons in argument. Several past dissents

Older Cases Likely Staledated

dqh March 13, 2024 No Comments

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

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