Contracts Chapter — Index to Contents

Forming & Interpreting the Employment Contract

General Rules of Contract Interpretation

Special Rules for Employment Contracts

Policy Manual as a Contract Term

Bhasin & The Termination Clause

Using the Dissenting, Concurring & Obiter Reasons

Consideration & The Employment Contract

Continued Employment as Consideration

Material Change & The Need for Consideration

Consideration Needed for the Promise of a Raise?

Is Consideration Legal Fiction?

Changing the Terms Mid-Game

The Change Had Been Agreed

Must be a Fundamental Change

Are All Terms Gone?

Demotion & Substratum

Fixed Term Contract

Language for a Fixed Term

Contract to a Fixed Future Event

Contact for Life

Fixed Term Contract & Statutory Requirements

Employers & Employees Act – Ontario

Statute of Frauds

Restrictive Covenants

Enforcing the Restrictive Covenant

Non-Solicit vs Restrictive Covenant

Contract Sets Financial Disincentive 

Repudiation of the Restrictive Covenant

Restrictive Covenant in Termination Agreement

Duty of Confidence as Contract Term

Stock Options & Termination Clause

Stock Options & Statutory Notice Period

Particular Clauses

Privacy Issues

Bonus as a Contract Term

Patent Rights as Contract Term

Right of Assignment of Employment Contract

Probation as Contract Term

Defining the Jurisdiction

Medical Reasons to End Contract

Defining Just Cause

Arbitration Clause

Remote Workers

Claims in Quantum Meruit & The Contract

Terms Imposed by Statute

Mitigation: Employment Contract: Early Days

Mitigation: Employment Contract:Modern

Severance Defined: Aggravated & Punitive Damages

Tort Claim to Avoid the Contract

Can Employer Force a Relocation

Human Rights Issues & Relocation

Statutory Lay-Off & The Contract

Contracting Out of Common Law Notice

Ontario ESA Mandates

Termination “At Any Time”

Chart: Contracting Out of Common Law

Chart: Details on Ontario Statutory Notice & Severance Pay

Contracting out of Incentive for Notice Period

Clause “At Any Time” Offside ESA

Potential Violation of the Statute

Ontario Court of Appeal Upholds Contract

Canada Labour Code & Contract Just Cause

Canada Labour Code: BC Court of Appeal Upholds Termination Clause

Can Employer Argue Contract is Offside

Void or Voidable ?

Repudiation of the Employment Contract

Human Rights & Employment Contracts

Unfair Contracts: Oppression Remedy

Equitable Defences to the Contract

The Unconscionable Employment Contract

Undue Influence

Duress

Mistake & Rectification

Penalty Clause

Negligent Misrepresentation: Defence of Disclaimer

Rules on the Disclaimer Clause

Defence: Entire Agreement Term

Unsophisticated Party: Entire Agreement Defence

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