Sentences with phrase «common law presumption»

Undertaking to Comply with the ESA does Not Displace Common Law Presumption of Reasonable Notice — Sean Bawden, Labour Pains

Our highly rated BC common law presumption of advancement lawyers continually monitor the latest trends in BC Family property division law.

Against this background, the majority concluded that what was centrally at issue was (as Lord Mance put it) the «common law presumption in favour of openness».

Section 9 of the Ontario Employment Standards Act, 2000 effectively reverses the common law presumptions; both that the sale of a business terminates employment and that employment with the seller is not to be taken into account when calculating an employee's entitlements to notice of termination from the purchaser.

However, in the case of land the common law presumption of joint tenancy has been altered by statute, so that land owned by two or more persons is presumed to be owned by them as tenants in common unless the title expressly states that they are joint tenants.

However, controversy has arisen as to whether this seemly simple statement captures all gifts to a spouse such that the common law presumption of advancement no longer applies.

In Bowes, Chief Justice Winkler, writing for a five - member panel of the Court of Appeal, held that if an employment agreement specifies the amount payable to an employee if the employer terminates the employment contract, whether fixed or readily calculable, the parties have contracted out of the common law presumption of providing reasonable notice of dismissal.

The exception to this general statement would be employees, such as senior executives, who have the power to negotiate termination provisions that provide superior entitlements to that offered by the common law presumption that the employee is entitled to reasonable notice of dismissal.

The MacDonald decision is still frequently cited for the proposition that the court will read in a displacement of the common law presumption of reasonable notice even when the language could have been better.

The language used in the termination clause must only specify a minimum notice to displace the common law presumption that the employee will be provided with reasonable notice of dismissal provided the specified minimum does not breach the ESA.

Thus, the termination clause successfully rebutted the common law presumption of reasonable notice.

Justice Kirby did not think that these common law presumptions had been overridden by the general language of the LAA that allowed for acquisition «for any purpose whatsoever»:

The Commission submits that in conformity with the guarantee of equality, the rights of indigenous minorities and freedom of religion, and consistent with the common law presumption against extinguishment of a proprietary interest and constitutional jurisprudence in relation to the acquisition of property, sub-sec 223 (1) should be construed in a manner which promotes the resilience of native title, rather than its fragility and susceptibility to destruction forever.