We have all bound ourselves to internet agreements –
especially this time of year. Whether you book your vacation
online, buy that gift on Amazon, or as in the case below, sign your
employment agreement online, be careful what you click through.
A recent Court of Appeal case could affect the way courts
interpret click-through agreements. In Battiston v Microsoft
Canada Inc., the Court held that when an individual makes a
conscious decision to not read through the terms of a contract and
clicks that they have read and understood the agreement, they are
legally bound by the terms.
The case centres around a wrongful dismissal action by Battison
claiming his entitlement to previously granted stock awards vested
during his termination notice period. Microsoft Canada argued that
the stock awards agreement states that any unvested stock awards
will not vest with an employee if their employment is
terminated.
