Archive for May, 2009

Damages for Mental Distress Require Reasonable Contemplation at the Time of Contracting

Friday, May 15th, 2009

Fidler v. Sun Life Assurance Co. of Canada – Supreme Court of Canada – June 29, 2006

An employee is only able to recover damages for mental distress due to the breach of a contract if it can be shown that such damages were within the reasonable contemplation of the parties at the time the contract was formed. read more »

Narrowing the ESA, 2000’s Generality – Not Permitted

Friday, May 15th, 2009

Abbott v. Bombardier Inc. (c.o.b. Bombardier Aerospace) – Ontario Court of Appeal – March 30, 2007.

Decisions which will alter or stray from the intention of legislation will not be allowed by the Courts.
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