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ARTICLE · 23 DECEMBER 2015

Employment Contracts: New Term? New Consideration!

McCague Borlack LLP
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The recent judgment of the Ontario Court of Appeal in Holland v. Hostopia.com Inc., 2015 ONCA 762, sheds light on the (in)ability of employers to alter employment contracts after an employee has already commenced employment.

CanadaEmployment and HR
McCague Borlack LLP
McCague Borlack LLP
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First Published in the OBA Labour & Employment Law Newsletter

The recent judgment of the Ontario Court of Appeal in Holland v. Hostopia.com Inc., 2015 ONCA 762, sheds light on the (in)ability of employers to alter employment contracts after an employee has already commenced employment.

In this case, the appellant Sean Holland commenced employment with the respondent Hostopia.com Inc. on June 9, 2003 after signing a two page Employment Offer. The offer letter described the essential terms of the employment and stated Mr. Holland would also be required to sign an Employment Agreement. On the same date he signed a Code of Business Conduct and a Proprietary Rights agreement. None of the documents presented to Mr. Holland at the time he started working dealt with termination or notice periods.

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