Most of us do not think of ourselves as negotiators and deal-makers. The reality is that in our everyday lives we are negotiating and making agreements all the time without really thinking about it. Some of the agreements are purely personal matters without any legal implications. Other agreements … [Read more...]
The Essentials of an Employment Contract
Every employment relationship is governed by an employment contract. Many employees believe that because a written employment contract was never signed, no employment contract exists. On the contrary, employment contracts can take the form of a verbal understanding or a lengthy written document … [Read more...]
Signing Your Life Away… The impact of a waiver on your ability to sue
Whether at work or play, waivers have become an ordinary part of life. At the ski hill, the fair, or a hockey game, Canadians must sign waivers before participating in a wide variety of activities and events. We sign waivers everyday for ourselves and for our children. A waiver can significantly … [Read more...]
Today’s Trial: Only Two Friends Said No
“I wish to make some comments which do not form part of my Reasons for Judgment. I was dismayed, for many reasons, throughout this trial. I was dismayed by the rumours and innuendoes, and that so may people seem to have acted on them without even considering whether they were based on fact. I was … [Read more...]
School’s In: Changing Faces to Learn About Bullying
Bullying — and its variations teasing, ostracizing, intimidating, assaulting — is a problem that has come out of its closet and into the courtrooms in the late twentieth and early twenty-first century. But it isn’t new. Bullying is a time-honoured approach to life acted out everywhere from … [Read more...]
The Rule of Law: What is it? Why should we care?
The Rule of Law is a basic, essential, and fundamental concept that has been wrestled with by philosophers, individuals, and societies for centuries. Imagine ... Living in a society where one day, while you are safely and reasonably driving your new car down the street, you are pulled over and … [Read more...]
Volunteering for Trouble
You have volunteered to give something back to your community. You have been appointed to the board of your favourite charity and you feel rightly proud that you are making a contribution of your time and support to a worthy organization. You attend your first board meeting but to your surprise, the … [Read more...]
What Does a Commercial Contract Do?
Most everyone knows that a contract — whether oral or written — is simply a legally enforceable agreement. But what, practically speaking, does a contract — and, in particular, a commercial contract — actually do? A commercial contract does three important things in the eyes of the … [Read more...]
Civil Liability in Sports
The very nature of sport entices participants with the lure of competition, physical and mental challenge, and the pursuit of excellence, but success goes hand in hand with training and the potential for injury. While most injuries result from our own participation and the inherent risks of the … [Read more...]
Negligent Misrepresentation in an Employment Contract
After 14 years of service with his employer, Norman was having coffee with Albert, a co-worker, and was surprised when Albert told him that the co-worker had been allowed to purchase back some of his years of service in England before commencing employment in Canada. Norman had worked in his … [Read more...]
