REPRESENTING EMPLOYERS AND EMPLOYEES IN OTTAWA, CANADA
2200 Prince of Wales Drive,Suite 401
Ottawa,ON K2E 6Z9
Tel: (613) 225-4400 Fax: (613) 319-0536
New Location:
1116 Wellington Street West, Ottawa, Ontario K1Y 2Y7
Tag : Contract
Duty of Fair Play and Honesty in Contractual Performance
Parties to a contract owe an obligation of honesty towards each other (Bhasin v. Hrynew, 2014 SCC 71). They must not act capriciously or arbitrarily. In the simplest of terms – parties must be honest during performance of a contract and not mislead each another.
The Myth of the Probationary Period
The letter of offer or employment contract must set out the purpose of a probationary period including how performance will be evaluated; what happens if the Employee is unsuccessful; and what will be paid on termination of employment?
Rectification
Bad or poorly worded termination clauses will only be rectified under exceptional circumstances. Rectification is a discretionary remedy applied where there is clear and unambiguous evidence demonstrating the parties to an agreement made a mutual mistake when drafting the contract.
