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Ontario Court of Appeal decision will make you give your termination clause a second look
In Ontario, termination clauses in employment contracts must comply with the Employment Standards Act (ESA). When provisions of an employee’s contract fail to comply with the ESA, the non-compliant provisions are unenforceable. However, a recent Ontario Court of Appeal decision...
Agreements of Purchase and Sale Must be Completed in Good Faith
If you have been following my blog, I surprised many people last year with the revelation in Agreements of Purchase and Sale are legally binding contracts that you cannot simply "use" a condition in the agreement to "get out" of the deal....
Validity of Termination Clauses in Employment Contracts
When drafting an employment contract, employers should always be careful to ensure that any termination clauses it includes are valid both today and in the future. It is most unpleasant to enter into an employment contract thinking that you know...
Why you Should Hire an Employment Lawyer to Review, Write or Negotiate An Employment Contract
Each year thousands of individuals in Ottawa will negotiate employment contracts with prospective employers. Unfortunately, many of those individuals will not be equipped with the proper knowledge and information to enable them to draft, negotiate and execute an employment agreement...
Workplace Suspension and Constructive Dismissal
Constructive dismissal is one of the trickier elements of employment law. It is complicated because unlike the normal situation we think of where an employee is terminated, there is no formal notice of termination. Rather, the employer causes a termination...
Employee or Amateur Student Athlete?
Jurisprudence emanating from Employment law cases and from the Tax Court of Canada is replete with matters involving the distinction between who is an employee and who is an independent contractor. Two recently launched class actions involving the Canadian Hockey...
