Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 08 NOVEMBER 2015

Settle Smarter: If You Don't Ask, You Won't Receive

Norton Rose Fulbright Canada LLP
Explore more from Norton Rose Fulbright Canada LLP

Many people assume that the most challenging part of settlement negotiations is the bargaining.

CanadaEmployment and HR
Author LinkedIn connections

Many people assume that the most challenging part of settlement negotiations is the bargaining. While that is certainly a prime consideration, it is arguably more important to determine and articulate what you want from the bargain.

This year Northwest Value Partners Inc. ("Northwest") learned the hard way that a deal is a deal.  It's hard to add terms after the deal is done.  In Wilson v. Northwest Value Partners Inc. 2015 ONSC 4726 Justice Faieta of the Ontario Superior Court of Justice refused to overturn a settlement reached between the parties in respect to a wrongful termination case despite the ex-employee's ongoing refusal to abide by the terms of his employment agreement.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

WorkSafeBC Proposes Changes To Laws Regarding Workplace Harassment And Violence

WorkSafeBC is proposing significant amendments to British Columbia's Occupational Health and Safety Regulation that would fundamentally reshape how employers address workplace harassment, violence, and psychological health. The proposed changes introduce expanded definitions, new prevention program requirements, and obligations to identify and control psychosocial hazards. These amendments could require most B.C. employers to substantially revise their existing workplace policies and procedures.
CanadaEmployment and HR
Cassels
Cassels
Article

Tariffs, Terminations And EI: Implications Of Canada’s New Support Package For Employers

Canada's federal government has announced a $3.5 billion rapid response support package in anticipation of retaliatory tariffs against the United States, introducing new temporary employment insurance measures and workforce retention programs. The package extends EI benefits, waives waiting periods, and creates funding opportunities for employers to retain and retrain workers rather than implement large-scale layoffs.
CanadaEmployment and HR
Siskinds LLP
Siskinds LLP
Article

Bill C-39: A New Framework For Federal Collective Labour Relations

Bill C-39, the Building Canada Strong Act, proposes significant amendments to the Canada Labour Code that will reshape collective bargaining timelines, ministerial intervention powers, and union certification processes for federally regulated employers. The legislation introduces new conditions for government intervention in labour disputes, accelerates bargaining deadlines for certain collective agreements, and expands obligations for airport service providers.
CanadaEmployment and HR
Langlois Avocats
Langlois Avocats
Article

A Matter Of Interpretation: Termination Clause Prevails Under The Canada Labour Code

The Ontario Superior Court of Justice has applied the Baker v. Van Dolder's Home Team framework to uphold a termination clause under the Canada Labour Code, rejecting a plaintiff's claim for common law reasonable notice. This decision demonstrates how courts will now interpret employment agreements by examining the parties' objective intentions rather than conducting technical word-by-word analysis of contractual provisions.
CanadaEmployment and HR
McMillan LLP
McMillan LLP