First Reference Talks

Discussions on Human Resources, Employment Law, Payroll and Internal Controls

Archives for January 2022

By | 3 Minutes Read

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.

By | 4 Minutes Read

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.

By | 5 Minutes Read

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”

Footer

About us

Established in 1995, First Reference is the leading publisher of up to date, practical and authoritative HR compliance and policy databases that are essential to ensure organizations meet their due diligence and duty of care requirements.

Main Menu

Stay Connected