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Archives for January 2022

By Sultan Lawyers | 3 Minutes Read January 28, 2022

How minimum wage increases affects employers and businesses

Minimum wage is the lowest wage rate that an employer can legally pay its employees and is seen as a core labour standard to which employers must abide by. With the effects of inflation, especially the cost of living consistently increasing across Canada, it is inevitable for the minimum wage in each province to rise.

Article by Sultan Lawyers / Employment Standards, Payroll / costs, economy, employment law, equal opportunity, inflation, minimum wage, Minimum wage increase, poverty, wages Leave a Comment

By Occasional Contributors | 4 Minutes Read January 26, 2022

Being proactive with employee absences

When running a company, it’s unavoidable that your employees will require a leave of absence from time-to-time. This is the same for a small family-run business, or a multi-billion dollar company. Absence management can prove to be tricky; it isn’t just a case of when staff are absent and how many.

Article by Occasional Contributors / Employee Relations, Employment Standards / Absenteeism, absenteeism policies, company culture, cost of absenteeism, employee happiness, employment law, employment standards act, leave of absence, managing absenteeism, morale, workplace absenteeism Leave a Comment

By McCarthy Tétrault LLP | 5 Minutes Read January 25, 2022

The Supreme Court of Canada clarifies the duty to exercise contractual discretion in good faith

duty of good faith

On February 5, 2021, the Supreme Court of Canada released its judgment in Wastech Services Ltd. v. Greater Vancouver Sewerage and Drainage District.[1] Wastech clarifies the nature and scope of the duty to exercise discretionary contractual powers in good faith. The appeal was heard together with C.M. Callow Inc. v. Zollinger[2] (see our earlier blog post), which clarified the duty of honest performance established in Bhasin v. Hrynew[3] (see our earlier blog post).

What you need to know

Wastech holds that:

  1. Contracting parties have a duty to exercise contractual discretion in good faith.[4] This duty “operates in every contract irrespective of the intentions of the parties”.[5]
     
  2. The duty requires parties to exercise their contractual discretion “in a manner consistent with the purposes for which it was granted in the contract” — i.e., “reasonably”.[6] This duty can be breached
… Continue reading “The Supreme Court of Canada clarifies the duty to exercise contractual discretion in good faith”

Article by McCarthy Tétrault LLP / Business, Finance and Accounting / contracts, duty of good faith, duty to exercise contractual discretion in good faith, good faith Leave a Comment

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