LAW 529 Study Guide - Final Guide: Wrongful Dismissal
7 Nov 2017
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When er terminates an indefinite term employment contract without just cause, er has to provide advance notice at common law, unless the contract explicitly provides notice which meets the statutory minimum. A personal wrong that one person (individual or corporation) commits against another person (eg. defamation in giving job reference) Intentional torts (eg. fraud); negligence (eg. negligent misrepresentation) The court structure in canada is hierarchical (see figure on page 21) The scc is the final court of appeal. It hears appeal from all courts but only if it has granted leave to appeal (only when a case of general public importance or where the law requires clarification) Figure 1. 2 - the structure of federal and ontario courts. Main exception: the common law of wrongful dismissal. Appeals to the courts are usually limited. A request to a court to review a decision: an application for judicial review. The court will overturn a decision based on questions of fact if the decision.
