Showing posts with label Justice William Black. Show all posts
Showing posts with label Justice William Black. Show all posts

Thursday, 21 October 2021

Employee’s Sophistication, Representation by Legal Counsel, Not Reason to Uphold Illegal Employment Contract: ONSC

If an employment contract is negotiated as part of a larger commercial transaction, can the sophistication of the employee and the fact that he was represented by counsel during contract negotiations, be pointed to by the employer if the employee later alleges that the terms of the agreement are illegal?

In a rebuke (although not express) of Justice Dunphy’s decision in Rahman v. Cannon Design Architecture Inc., 2021 ONSC 5961, (released September 15, 2021,) Justice William Black in Steve Livshin, 2021 ONSC 6796 (CanLII), (released October 14, 2021,) held that if an employment agreement is illegal, then its unenforceable and the sophistication of the parties doesn’t matter.