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Jun 26, 2019 · Transitioning existing employees to new contracts, whether they be in writing for the first time or new written contracts with proper drafting, is tricky. In order for a contract to be valid, “consideration” must be given to the employee in exchange for their agreement to the terms.
Nov 19, 2023 · Restrict an employee’s termination entitlements to the minimum set by law, like the Ontario Employment Standards Act, 2000 (the “ESA“). Safeguard the confidentiality of the employer’s proprietary information. Define the intellectual property rights associated with the business and the employer.
Aug 22, 2019 · However, the employer must give the employee valid consideration, otherwise the new or updated agreement will not be enforceable. The Ontario Court of Appeal’s decision in Theberge-Lindsay v. 3395022 Canada Inc. serves as a reminder that continued employment in itself is not valid consideration.
Mar 25, 2021 · How can employers update an employment contract without the employee’s agreement? In rare cases, employers sometimes encounter employees who, for whatever reason, do not want to sign an updated employment agreement, even if it means a raise or a signing bonus.
- Background of The Case
- The Superior Court of Justice Decision
- The Ontario Court of Appeal
- What Does This Mean For Support Awards Going Forward?
The couple had married in 1968 and separated in 1985. At the time of their divorce, the husband was a successful dentist, earning between $250,000 and $300,000 per year. The wife did not work outside of the home, other than some bookkeeping work for her husband’s dental practice during the marriage. Prior to the separation, the wife had successfull...
In 2017, the husband brought a motionseeking a number of orders, including a variation of his spousal support obligations. At over 70 years of age, the husband had retired from his dental practice, and his income had changed significantly. In retirement, he earned approximately $65,000 per year, plus some additional income from an open investment. ...
The wife appealed the decision, arguing that the original settlement agreement was not susceptible to amendment, as it had clearly stated the payments were to continue for her lifetime. The ONCA disagreed that the agreement could not be changed, but it did find that the original judge had erred in two ways: 1. In considering what constituted a “mat...
This decision highlights the importance of contemplating long-range circumstances when designing and drafting a separation agreement. In the case at hand, the couple had not contemplated future changes in income, retirement, or any expectations that the wife to mitigate her own expenses. When entering into a separation agreement or divorce settleme...
You can make a separation agreement at any time after you separate. But there are time limits for making certain claims. For example, you have 6 years from the date of separation but only 2 years from the date of your divorce to make a claim for dividing property.
People also ask
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What happens if an employee doesn't sign a contract?
Jun 26, 2019 · Transitioning existing employees to new contracts, whether they be in writing for the first time or new written contracts with proper drafting, is tricky. In order for a contract to be valid, “consideration” must be given to the employee in exchange for their agreement to the terms.
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