November 16, 2008

Employers should consider not participating in certain employment hearings

Issue Estoppel and Abuse of Process in the Employment Context Employers need to understand that there are a number of legal rules that deal with the ability to re-litigate issues that have already been determined in prior proceedings.  As a general rule, employers should conduct themselves on the understanding that if they attend at a…

July 21, 2004

What are the potential personal liabilities of officers and directors in the corp breaches an agreement?

Question: What are the potential personal liabilities of officers and directors of a corporation if the corporation breaches an agreement? Officers and directors of corporations cannot be held civilly liable for the actions of the corporations they control and direct unless there is some conduct on the part of those directing minds that is either…

July 7, 2004

Are employees covered by limited liability contracts signed with customers

Question: Among other things our organization is responsible for boat storage over the winter. In each customer contract there is a clause limiting liability of damage to their boats to $100. This past winter an employee caused more than $5,000 damage to a boat by negligently moving it in our storage facility. Is my employee…

May 28, 2003

Court clarifies basis for Wallace awards

Sloppiness doesn’t qualify as bad-faith conduct when it comes to lengthening the reasonable notice period There has been a judicial trend of expanding the situations in which a terminated employee can claim she is entitled to a lengthening of the reasonable notice period on account of the employer’s conduct at termination. A “Wallace extension”of the…

April 30, 2003

Wallace damages and written contracts

Question: Can an employer be held liable for Wallace damages for the dismissal of an employee if there was a written employment agreement in place which contained express termination provisions which limits the amount of notice or pay in lieu of notice? Answer: In Wallace v. United Grain Growers, the Supreme Court of Canada held…

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