Limiting Common Law Notice in Employment Contracts By Shafik Bhalloo and Devin Lucas It is settled law in Canada that an employer may displace an employee’s right under the common law to reasonable notice of termination by contracting to a lesser notice or severance entitlement. However, the notice or severance period must meet the statutoryContinue reading “Limiting Common Law Notice in Employment Contracts”
Remedy of Reinstatement: The quintessential “make whole” remedy or a fiction?
By Shafik Bhalloo* Like the mythical sasquatch, the Loch Ness monster, or the abominable snowman, most of us have heard of it and some of us have read about it, but never have we seen the remedy of reinstatement in section 79(2)(b) of the Employment Standards Act (the “Act”) actually occur. Section 79(2)(b) provides:Continue reading “Remedy of Reinstatement: The quintessential “make whole” remedy or a fiction?”
Interpreting ambiguity in commercial contracts
The importance of careful and accurate drafting of business contracts cannot be stressed enough. However, as careful as a party may be in drafting the contract and as clear as the contractual terms may appear to the parties at the time they are signing the contract, at some point during the operation of the contract,Continue reading “Interpreting ambiguity in commercial contracts”