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Category : Featured Article

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.

Video Recordings and the Ontario Labour Relations Board

As the pandemic lingered and the state of emergency closed the Ontario courts and administrative systems we were forced to change the way trials and hearings proceeded.  This was a careful balancing act between the right to a hearing and the need to minimize the infection rate of COVID-19.

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?

When are Punitive Damages Appropriate?

Punitive damages are imposed only if there is highhanded, arbitrary or highly reprehensible conduct that departs to a marked degree from the ordinary standards of decent behaviour.