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ARTICLE · 08 MARCH 2016

No Take Backs – Don't Regret Sending That Offer By Email

Late last year, the Ontario Superior Court of Justice handed down a decision that most likely has the defendant employer wishing that it could recall its email to a successful job candidate.

CanadaEmployment and HR

Late last year, the Ontario Superior Court of Justice handed down a decision that most likely has the defendant employer wishing that it could recall its email to a successful job candidate.

In Buaron v Acuity Ads Inc, 2015 ONSC 5774, the plaintiff, Mr. Buaron, interviewed with Acuity Ads for the position of Senior System Administrator.  During this interview, the parties negotiated and reached a verbal agreement on certain terms of Mr. Buaron's employment, including his salary, a three month probationary period and details on benefits and vacation entitlement. Mr. Buaron left the interview on the basis that he would sign a letter confirming the terms that had been discussed.

Following the interview, Acuity Ads sent Mr. Buaron an e-mail with an offer letter attached, which set out the terms of employment as discussed. The e-mail specified that the parties would schedule a time for him to "come in and go through the contracts".  Subsequently, Mr. Buaron executed a

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