Entries by David Winer

When a Termination Clause may not be Enforceable

The legal doctrine of “the changed substratum” provides that “…if an employee enters into an employment contract that specifies the notice period for a dismissal, the contractual notice period is not enforceable if over the course of employment, the important terms of the agreement concerning the employee’s responsibilities and status has significantly changed.” This was […]

Wait a Minute Mr. Postman?

Where a commercial lease provides for a specific method of notice in order to exercise an option to renew and a tenant fails to strictly comply with the service requirements, can the Court provide relief?

Duty of Good Faith Owed to Employees?

The Supreme Court of Canada opined in the well know decision of Bhasin on the implied duty of good between contracting parties.  The case was not a pure employment law case – but it likely impacts employment relationships.