Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 26 NOVEMBER 2024

Think Twice Before You Hit "Send": Your E-Mail Job Offer Could Be Binding

Roper Greyell LLP
Explore more from Roper Greyell LLP

In the recent case of Adams v. Thinkific Labs Inc., 2024 BCSC 1129, the B.C. Supreme Court considered whether a certain e-mail communication constituted an employment contract at common law.

CanadaEmployment and HR
Sabrina Anis
Sabrina Anis
Tana Wang
Tana Wang
Author LinkedIn connections

Previously printed in the LexisNexis Labour Notes Newsletter.

In the recent case of Adams v. Thinkific Labs Inc., 2024 BCSC 1129, the B.C. Supreme Court considered whether a certain e-mail communication constituted an employment contract at common law. The Court relied on basic doctrines under the law of contract such as the need for consideration to find that the e-mail offer created a binding agreement.

Background

On August 19, 2021, Thinkific Labs Inc. (the "Employer") sent a prospective hire, Madeline Adams, an employment offer by e-mail.

The e-mail included about 60 pages of information and had details regarding compensation, stock options, extended health benefits, vacation, leave entitlements, work schedule and other employment-related items (the "E-mail"). The Employer requested Adams' full legal name and preferred start date to provide the official employment contract. Notably, the e-mail did not include a termination clause or

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

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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

Unsubstantiated Findings In Workplace Investigations: What To Do When You Can’t Decide

When workplace investigators face difficult decisions, many default to marking allegations as "unsubstantiated" to avoid risk. However, this seemingly safe approach carries significant organizational costs, undermines complainant trust, and often stems from insufficient training in credibility assessment and the balance of probabilities standard.
CanadaEmployment and HR
RT Workplace Training & Consulting Inc.
RT Workplace Training & Consulting Inc.
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
Article

Silva v. Royal Bank Of Canada: A Cautionary Tale About Terminating For Cause

A financial planner's wrongful dismissal case against RBC resulted in over $2.5 million in damages after the bank filed an inaccurate termination notice that destroyed her career prospects. The Ontario Superior Court found the bank's conduct vindictive and its allegations of cause unproven, raising critical questions about employer obligations when reporting terminations in the investment industry.
CanadaEmployment and HR
Affleck Greene McMurtry LLP
Affleck Greene McMurtry LLP