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Employment Law: Key Decisions From 2017
  • Borden Ladner Gervais LLP
  • Canada
  • February 5 2018

After an employee announced his intention to resign his job 11 months later, his employer decided to terminate his employment before the announced

BCSC Considers the Organizing Principle of Good Faith in the Context of Lawyer’s Approval Clauses
  • McCarthy Tétrault LLP
  • Canada
  • November 7 2017

In 2014, the Supreme Court of Canada in Bhasin v. Hrynew formally recognized the “organizing principle of good faith” in Canadian contract law

Good faith expected of employers!
  • Stewart McKelvey
  • Canada
  • August 16 2017

While the concept of good faith is not new to employment law, its limits and implications remain uncertain. In a recent decision, Avalon Ford v Evans

The Alberta Court of Appeal clarifies the organizing principle of good faith with style
  • McCarthy Tétrault LLP
  • Canada
  • January 30 2017

In Styles v Alberta Investment Management Corporation (“Styles”), the Alberta Court of Appeal provided useful guidance on the application of the

Sandbagging in Good Faith: How Bhasin v Hrynew Can Impact Indemnification for Known Breaches
  • McCarthy Tétrault LLP
  • Canada
  • November 28 2016

In the context of a merger or acquisition, a vendor may unknowingly make untrue representations about the target business. “Sandbagging” occurs when a

Federal Employers May “Downsize” Despite Recent SCC Decision
  • Baker McKenzie
  • Canada
  • September 20 2016

On July 15, 2016, we wrote about the Supreme Court of Canada's recent decision in Wilson v. Atomic Energy, 2016 SCC 29 ("Wilson"). In that case, the

Particular problems with making bald allegations against dismissed employees
  • Rubin Thomlinson LLP
  • Canada
  • August 25 2016

As justification for offering reduced termination packages to departing employees, employers often make bald and generalized allegations of misconduct

Bonus Payments Upon Termination
  • MLT Aikins LLP
  • Canada
  • June 29 2016

The Canadian courts' approach to dealing with bonus plans on termination of employment is not always consistent as demonstrated by two recent

Good Faith in Contracting: A Reminder that it's Process that Matters
  • McMillan LLP
  • Canada
  • June 8 2016

Ever since the Supreme Court of Canada's 2014 decision in Bhasin v. Hrynew, the duty of good faith in contracting has been an ever-present and

Recent Supreme Court of Canada Decision Used to Expand Employer’s Duty of Good Faith
  • Filion Wakely Thorup Angeletti LLP
  • Canada
  • February 18 2016

On its face, the Supreme Court of Canada's decision in Bhasin v. Hrynew, 2014 SCC 71 ("Bhasin") does not seem particularly relevant to Canadian