Consider this: you provide a new agreement to an existing employee. The agreement contains a termination clause limiting the employee’s entitlements upon termination to the minimum under the statute. The employee signs the contract. Several years later, after dismissing the employee and providing them with their minimum statutory entitlements, you receive a letter from the employee’s lawyer seeking 24 months of pay in lieu of notice.
In the recent case of Guraya v Kaila, 2019 BCSC 101 (CanLII), the Plaintiff’s sought to enforce a verbal assignment of a contract of purchase and sale in the face of vendors refusing to complete with the assignee purchasers.
All employment relationships in Ontario are deemed to be contractual, whether or not a written contract is in place between the parties. When there is no written contract, the common law (judge-made law) imports a number of obligations into the contract that will bind the employer and the employee.