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Inside Internal Controls

News and discussion on implementing risk management

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notice of termination

ONCA affirms an offer of employment by the purchaser of business assets to an employee of the seller is valid consideration for a new employment contract

Where the purchaser of all or part of the assets of a business offers employment to a seller’s employee, and the employee accepts, the following common law rule applies: the employee’s employment with the seller is constructively terminated, and a new contract of employment is entered into with the purchaser.

 

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Waiver of the client’s unilateral termination right: the clause can survive the automatic renewal of an agreement

The Civil Code of Québec (the “CCQ”) provides that a client can unilaterally terminate a service agreement even where the work or provision of the services is already in progress

 

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