You know that “rule of thumb” of one month notice for each year of employment? The one we use as a rough guideline for getting in the ballpark when determining a reasonable notice periods? The Court of Appeal has reminded us that the “rule of thumb” may not even get you near the ballpark when dealing with senior, high salaried employees.

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The Ontario Court of Appeal has recently held that, in certain circumstances, contracting parties owe a duty of good faith to one another and, further, that an “entire agreement” clause will not preclude the implication of a duty of good faith as a term of a contract.

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A recent Ontario Superior Court decision serves as a strong reminder that counsel should ensure that their expert witness is in fact an expert and not merely an advocate dressed up as an expert.

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In its first review of the lifespan of litigation privilege, the Supreme Court of Canada has recently ruled that, unlike solicitor-client privilege, it ‘expires with the litigation of which it was born.’

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CONTRIBUTORS: MEREDITH HAYWARD, KENNETH DEKKER, PAUL EMERSON, KYLE PETERSON,AND ADAM WYGODNY SUPREME COURT OF CANADA CONFIRMS LITIGATION PRIVILEGE OF LIMITED DURATION In its first review of the lifespan of litigation privilege, the Supreme Court of Canada has recently ruled that, unlike solicitor-client privilege, it “expires with the litigation of which it was born.” … and [...]

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